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Full text of "North Carolina Register v.10 no. 3 (5/1/1995)"

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NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 3 • Pages 191 -227 

May 1, 1995 



IN THIS ISSUE 

Executive Orders 

Decision Letter 

Community Colleges 

Environment, Health, and Natural Resources 

Human Resources 

Labor 

Nursing Home Administrators, Board of 

RRC Objections 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 




This publication is printed on permanent, acid-free paper in TSmpliance with G.S. 125-1 1.13 



INFORMATION ABOIT THF NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each count)' in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and twenty dollars ($120.00) for 24 
issues. Individual issues may be purchased for ten dollars 
(S10.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. PO Drawer 
27447, Raleigh, NC 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may 
request a hearing): a statement of procedure for public comments: 
the text of the proposed rule or the statement of subject matter: the 
reason for the proposed action; a reference to the statutory 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission fRRC). After approval 
by RRC. the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative 
Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 



agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1. the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the criteria, the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it will remain 
with its initial position. The Codifier, thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporary rule is in effect for the period specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 40 occupational licensing boards. Compilation and 
publication of the NCAC is mandated by G.S. 150B-21 .18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 
The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

(2) The full publication and supplement service is printed 
and distributed by Barclays Law Publishers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 

Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issued on April 3, 1995. 



FOR INFORMATION CONTACT: Office of Administrative Hearings. ATTN: 
NC 27611-7447. (919) 733-2678, FAX (919) 733-3462. 



Rules Division, PO Drawer 27447, Raleigh, 



I 



NORTH CAROLINA 



IN THIS ISSUE 




I. EXECUTIVE ORDERS 

Executive Orders 75 - 76 



I 



Volume lO, Issue 3 
Pages 1 9 1 - 227 



May 1, 1995 



This issue contains documents officially 
filed through April 17, 1995. 



191 - 193 



n. IN ADDITION 

Voting Rights Act 

Wildlife Resources Commission Proclamation 



194 
195 



III. PROPOSED RULES 
Community Colleges 

Community Colleges 208 - 209 

Environment, Health, and Natural Resources 

Coastal Resources Commission 197 - 206 

Human Resources 

Social Services 1% 

Labor 

OSHA 196-197 

Licensing Board 

Nursing Home Administrators, Board of 206 - 208 

IV. RRC OBJECTIONS 210-213 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



V. CONTESTED CASE DECISIONS 

Index to ALI Decisions 214 - 220 

Text of Selected Decisions 
94 DOA 0738 221-223 

VI. CUMULATIVE INDEX 225-227 



* 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 
for Fil- 
ing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

toRRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 i 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 75 
CREATION OF REGIONAL COUNCILS 
AND A COORDINATING COUNCIL TO 
SUPPORT SOUND ENVIRONMENTAL 
MANAGEMENT IN THE ALBEMARLE- 
PAMLICO ESTUARINE STUDY REGION 

WHEREAS, the Albemarle-Pamlico Estuarine Study (APES) 
was a cooperative effort by the State of North Carolina and the 
U.S. Environmental Protection Agency to preserve water 
quality, habitats, and fisheries in eastern North Carolina; and 

WHEREAS, APES was the first of 21 National Estuary 
Programs to be started under the Clean Water Act; and 

WHEREAS, APES has provided extensive information and 
scientific research about the environmental issues facing the 
Albemarle-Pamlico estuary since 1987; and 

WHEREAS, that scientific information was combined with 
extraordinary involvement by citizens to develop a Compre- 
hensive Conservation and Management Plan (CCMP) entitled 
"A Guide to Environmental and Economic Stewardship in the 
Albemarle-Pamlico Region"; and 

WHEREAS, the CCMP also recognizes that, from an 
ecological and an economic standpoint, the best way to ensure 
the general environmental health of the Albemarle-Pamlico 
watershed is to manage and protect the five river basins of the 
watershed; and 

WHEREAS, the CCMP also recognizes the importance of 
involving the public in making decisions regarding environ- 
mental management; and 

WHEREAS, the CCMP recommends the establishment of 
Regional Councils to foster public input from each of the five 
river basins in the Albemarle-Pamlico region, and a Coordinat- 
ing Council to support the implementation process of the 
CCMP; 

NOW, THEREFORE, by the authority vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 

Section 1. Establishment. 

Five Regional Councils of citizens ("Councils"), one for each 
river basin in the Albemarle-Pamlico watershed, are hereby 
established to advise agencies responsible for environmental 
management on concerns and issues relative to that basin. 

A Coordinating Council consisting or representatives from 
each Regional Council, citizen commissions, federal resource 
agencies, and state government is hereby established to 
evaluate and support implementation of the CCMP. 

Section 2. Regional Councils. 

A. Composition. 
1, Basins to be represented by the Councils. Five 



separate Regional Councils shall represent each of 
the following river basins, with the area of the river 
basin being defined by the hydrologic boundaries 
ascribed to it by the N.C. Division of Environmental 
Management (DEM): 

a. Neuse (including areas of the White Oak River 
basin that drain to Core and Bogue Sounds) 

b. Tar-Pamlico (including areas draining directly into 
the northern Pamlico Sound) 

c. Roanoke (the portion of the basin below Lake 
Gaston dam) 

d. Chowan 

e. Pasquotank/ Alligator (including smaller rivers and 
areas that drain directly into the Albemarle, 
Currituck, Croatan, and Roanoke Sounds) 

2. Membership of the Regional Councils. 

a. Each county in the basin shall have at least three 
representatives on the Council for that basin. In 
instances where a county lies in more than one 
basin, that county shall have at least three repre- 
sentatives on each Council that serves a basin of 
which the county is a part. 

b. Membership from each county shall include: 

(1) one elected or appointed county official selected 
by the board of county commissioners; 

(2) one elected or appointed municipal official 
selected by the board of county commissioners 
in consultation with municipalities in the county 
(counties without municipalities shall appoint a 
second county official); and 

(3) one person appointed by the Secretary of the 
N.C. Department of Environment, Health, and 
Natural Resources (DEHNR). In making his 
appointments to each Council, the Secretary 
shall, to the greatest extent possible, seek to 
ensure demographic and social balance, as well 
as balance among the following interests: 

(a) agriculture 

(b) silviculture 

(c) conservation 

(d) environmental science 

(e) commercial fishing 

(f) business/industry 

(g) recreational fishing 
(h) tourism 

(i) Soil and Water Conservation Districts 
(j) at large 

c. Each Regional Council may expand its member- 
ship as it deems necessary. 

d. Members shall serve for a five-year term to coin- 
cide with the five-year cycle of discharge permit 
renewals in the river basins. Vacancies shall be 
filled by the appointing authority. 

B. Duties. 
1 . The Regional Councils shall advise and consult with 
local, state, and federal governments, as well as the 
general public and different interest groups within 
the basin, on the implementation of environmental 
management programs in the river basins. Because 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



191 



EXECUTIVE ORDERS 



different basins are likely to face different concerns 
and problems, the Council for a particular basin 
shall work to prioritize the problems to be addressed 
in that basin and to design and build consensus 
support for the most cost-effective strategies for 
dealing with those problems. The councils shall 
also advise the public and local governments of 
actions and information relevant to environmental 
management in the basin. The Councils will have 
no authority other than as advisory bodies. 

2. Federal and state agencies with environmental 
management responsibilities in the basin shall be 
invited to participate in meetings of the Regional 
Councils. 

3. Each council shall be responsible for determining its 
own rules of order, chairmanship, attendance regula- 
tions, quorums, and other matters of protocol. 

4. DEHNR shall assist the councils and serve as a 
conduit for information between the councils, state 
and federal agencies, local government, and the 
public. 

5. Each council shall work with DEHNR in preparing 
an annual public report on the progress of environ- 
mental protection and related concerns in the five 
river basins. 

C. Meetings. 

Each Regional Council shall meet within three 
months of its formation by the Secretary of DEHNR 
and local governments. Each Council shall meet at 
least two times each year, or more frequently if 
deemed appropriate. 



tion 
4. Three representatives of state government: 

a. Secretary of DEHNR, or his designee (Chair of 
the Coordinating Council) 

b. Secretary of the N.C. Department of Commerce, 
or his designee 

c. Commissioner of the N.C. Department of Agri- 
culture, or his designee, is invited to participate. 

B. Duties. 

1 . The role of the Coordinating Council shall be to 
evaluate and support the implementation process to 
ensure the highest level of cooperation and coordi- 
nation among agencies, local governments, and 
public and private interest groups. 

2. The Coordinating Council shall consult the Regional 
Councils for guidance on coordinating implementa- 
tion strategies at a local level. 

3. The Coordinating Council shall set annual priorities 
for implementing sections of the CCMP and make 
recommendations based on progress and success, 
and shall identify and prioritize information needs as 
descried in the CCMP. 

4. The Coordinating Council shall pursue a Memoran- 
dum of Agreement between North Carolina and 
Virginia to ensure continued cooperation and coor- 
dination in implementing the CCMP. 

5. Each participating agency, institution, and organiza- 
tion of the Coordinating Council shall submit annual 
reports evaluating the progress made in implement- 
ing CCMP recommendations and the success of 
implementation strategies. 



Section 3. Coordinating Council, 

A. Membership. 

Membership of the Coordinating Council shall 
include: 

1 . Fifteen representatives of the five Regional Coun- 
cils. 

(Each Regional Council will select two of the 
elected and/or appointed government officials 
and one other representative from any back- 
ground.) 

2. Seven representatives of citizen commissions and 
councils. The Chair of each of the following 
groups shall select a representative: 

a. Marine Fisheries Commission 

b. Soil and Water Conservation Commission 

c. Environmental Management Commission 

d. Coastal Resources Commission 

e. Wildlife Resources Commission 

f. Forestry Advisory Council 

g. Sedimentation Control Commission 

3. Four representatives of federal resource agencies, 
to be selected by the appropriate federal adminis- 
trators, are invited to participate: 

a. U.S. Environmental Protection Agency 

b. U.S. Army Corps of Engineers 

c. U.S. Fish and Wildlife Service 

d. National Oceanic and Atmospheric Administra- 



Section 4. Compensation. Per Diems and Expenses . 

Members of the Regional Councils and the Coordinating 
Council shall serve voluntarily and without compensation, per 
diems or expenses. 

Section 5. Effect of Other Executive Orders . 

All other Executive Orders or portions of Executive Orders 
inconsistent herewith are hereby rescinded. 

This Order shall become effective immediately. 

Done in the Capital City of Raleigh, North Carolina, this the 
30th day of March, 1995. 

EXECUTIVE ORDER NO. 76 

NORTH CAROLINA MOTOR CARRIER 

ADVISORY COMMITTEE 

WHEREAS, the motor carrier industry is an important 
industry to North Carolina and to the United States; and 

WHEREAS, coordination with other states' laws and federal 
laws benefit the motor earner industry, businesses served by 
the motor carrier industry, and the citizens of North Carolina. 

NOW, THEREFORE, by the power vested m me as Gover- 
nor by the Constitution and laws of North Carolina, IT IS 



192 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



EXECUTIVE ORDERS 



ORDERED: 

Section 1. Establishment . 

There is hereby established the North Carolina Motor Carrier 
Advisory Committee. 

Section 2. Membership . 

The Advisory Committee shall be composed of not less than 
eighteen (18) members as follows: 

A. The Secretary of the Department of Transportation; 

B. The Highway Administrator; 

C. Commissioner, Division of Motor Vehicles; 

D. Director, Motor Fuel Division, Department of 
Revenue; 

E. Director, Governor's Highway Safety Program; 

F. North Carolina State Highway Patrol representative; 

G. North Carolina State Ports Authority representative; 
H. At least six members from the motor carrier industry 

representing the following areas: heavy duty and 
rigging, truckload, less than truckload, trucking 
association, private carrier, and tank/bulk; 
I. At least three (3) members representing the interests 

of intra-state truck users; 
J. National Motor Carrier Advisory Committee mem- 
bers shall serve as ex-officio members of the North 
Carolina Advisory Committee. 
All members not specifically named herein shall be ap- 
pointed by and serve at the pleasure of the Secretary of the 
Department of Transportation (DOT). They shall serve two- 
year terms. The Secretary of DOT or his designee shall chair 
the Advisory Committee. The Secretary may designate a co- 
chair from among the public members of the Committee. 



D. 



cies, and procedures are consistent with those in 

other states; 

To work cooperatively with the National Governors' 

Association, the Federal Highway Administration, 

North Carolina Board of Transportation, and other 

organizations in an effort to streamline and improve 

uniformity and efficiency among the states in motor 

carrier taxation regulation, and other related matters; 

and 

To advise the Governor and make recommendations 

concerning the motor carrier industry. 



Section 4. Administration . 

DOT shall provide the planning, technical, and administra- 
tive support for the Advisory Committee. 

Section 5. Expenses . 

Members of the Committee shall be compensated for their 
per diem expenses as provided in N.C.G.S. 138-5 and 138-6. 
These expenses shall be provided from funds made available 
from DOT. 

Section 6. Agency Cooperation . 

Every agency and department of state government is directed 
to cooperate with the Committee by providing necessary 
information requested by the Committee and to provide the 
Committee on a timely basis departmental directives and 
procedures applied within the agency or department which 
affect the motor carrier industry. 



This Order shall be effective immediately. 



Section 3. Duties . 

The Advisory Committee shall have the following duties: 

A. To review current laws, policies, and procedures 
regarding taxation, regulation, and safety of the 
motor carrier industry in North Carolina; 

B. To determine the extent to which these laws, poli- 



Done in Raleigh, North Carolina, this the 3rd day of April, 
1995. 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



193 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



\ 



DLP:MAP:JSS:emr 
DJ 166-012-3 
94-3209 



U.S. Department of Justice 

Civil Rights Division 

Voting Section 

P.O. Box 66128 

Washington, D.C. 20035-6128 



April 3, 1995 

Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to Chapter 583 (1994), insofar as it provides for a change to a nonpartisan election system (with a 
plurality vote requirement, elections conducted at the same time as party primaries, and a change in the date on which new 
terms of office commence) for the board of Education of Onslow County, North Carolina, submitted to the Attorney General 
pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your responses to our 
October 3, 1994, request for additional information on December 5 and 19, 1994, and January 10, 23, 25, and 31, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



i 



194 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



IN ADDITION 



North Carolina Wildlife Resources Commission 

512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 
Charles R. Full wood, Executive Director 

PROCLAMATION 

Charles R. Fullwood, Executive Director, North Carolina Wildlife Resources Commission, acting pursuant to North 
Carolina General Statute §113-292 (cl) and authority duly delegated by the Wildlife Resources Commission, hereby declares 
that effective at 12:00 midnight on April 14, 1995 the season for harvesting striped bass by hook-and-line is closed in all 
inland and joint waters of the Roanoke River Striped Bass Management Area. 

The Roanoke River Striped Bass Management Area is defined as the inland and joint fishing waters of the Roanoke 
River, extending from its mouth to Roanoke Rapids Dam and all tributaries of the Roanoke River, including but not limited 
to, the Cashie, Middle, and Eastmost Rivers and their tributaries. 

This proclamation shall remain in effect until a new proclamation reopening the described waters or portions thereof 
for striped bass fishing is issued. 

NOTES: 

a) This Proclamation is issued under the authority of N.C.G.S. §§113-132; 113-134; 113-292; 113-304; and 
113-305. 

b) The striped bass harvest quota for the hook and line sport fishery of the Roanoke River Striped Bass 
Management Area has been met, and the area is closed for striped bass fishing until reopened as prescribed 
herein. 

c) All striped bass regardless of condition taken subsequent to the effective date and time of this Proclamation 
shall be immediately returned to the waters where taken and no striped bass may be possessed. 

d) Any person who violates this Proclamation also violates applicable law and is subject to the sanctions 
provided by law. 

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION 



by: Charles R. Fullwood Date: 04/10/95 

Executive Director 



10:3 NORTH CAROLINA REGISTER May 1, 1995 195 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21. 2 that the Social Services Commission intends 
to amend rules cited as 10 NCAC 41F .0706 and .0812. 

Proposed Effective Date: August 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on June 
7, 1995 at the Albemarle Building, Room 943-2, 325 N. 
Salisbury Street, Raleigh, NC 27603. 

Reason for Proposed Action: The rules are being revised 
to reflect the age change from 14 to 13 years old, at which 
juveniles may be tried as adults for certain felonies , and to 
require criminal record checks be conducted on all foster 
parent applicants and household members 13 years and 
older and by disqualifying applicants and household mem- 
bers 13 years and older who have been convicted of certain 
crimes from licensure. 

Comment Procedures: Comments may be presented in 
writing anytime before or at the public hearing or orally at 
the hearing. Tune limits for oral remarks may be imposed 
by the Commission Chairman. Any person may request 
copies of these rules by calling or writing to Shamese 
Ransome, Division of Social Services, 325 N. Salisbury 
Street, Raleigh, NC 27603, 919-733-3055. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 41F - LICENSING OF 
FAMILY FOSTER HOMES 

SECTION .0700 - STANDARDS 
FOR LICENSING 

.0706 CRIMINAL CONVICTIONS 

An applicant shall not be eligible for licensure as a foster 
parent if the applicant, or any member of the applicant's 
household 44—13 years or older, has been convicted or 
entered a plea of no contest to a crime, and there is a 
relationship between the nature of the crime and the ability 
of the prospective foster parent to assure the health, safety 
and well being of foster children; provided a license shall be 
denied if the applicant or any member of the household 44 
\3 years or older has been convicted or entered a plea of no 
contest to a felony involving violent behavior, unlawful 
sexual conduct, minor children or controlled drugs. 

Statutory Authority G.S. 13 ID- 10.5; 143B-153. 

SECTION .0800 - LICENSING 



REGULATIONS AND PROCEDURES 

.0812 CRIMINAL BACKGROUND CHECKS 

The supervising agency shall conduct a criminal back- 
ground investigation through access of the Department of 
Corrections Inmate/Probation Inquiry System for all mem- 
bers of the foster family household 44 13 years and older at 
the time of initial application and annually thereafter. The 
results of the criminal background investigation shall be 
reported to the Division of Social Services on the application 
form. 

Statutory Authority G.S. 13 ID- 10. 5; 143B-153. 



TITLE 13 



DEPARTMENT OF 
LABOR 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Occupational Safety & 
Health, NC Department of Labor, intends to adopt rules 
regarding administration of the Hazardous Chemicals 
Right to Know Act (NCGS 95-173 et seq.) including 
provisions regarding General Provisions, Hazardous 
Substance List, Labeling, Emergency Information, Exemp- 
tions, and Hazardous Substance Trade Secrets. The 
agency will subsequently publish in the Re gister the text of 
the rules it proposes to adopt as a result of the public 
hearing and of any comments received on the subject 
matter. 

Statutory Authority: G.S. 95-4; 95-133; 95-175. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 2:00 p. m. on May 
17, 1995 at the NCDOL/OSHA Office, 319 Chapanoke 
Road, Suite 105, Conference Room A, Raleigh, NC. 

Reason for Proposed Action: The Division of Occupa- 
tional Safety & Health desires to obtain public comment on 
the subject of what rules should be established pursuant to 
the Hazardous Chemicals Right to Know Act (NCGS 95- 
173 et_ seq.) 

Comment Procedures: Please submit written comments 
to Jill F. Cramer, NCDOL/OSHA, 319 Chapanoke Road, 
Suite 105, Raleigh, NC 27603-3432, FAX (919) 662-4582. 
You may present oral or written comments at the May 17 
hearing; however, time limits may be imposed by the 
Chair. The deadline for written comments is June 30, 
1995. 



****************** 



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Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Occupational Safety & 
Health/NC Department of Labor, intends to adopt more 
current permissible exposure limits in addition to those 
adopted at 13 NCAC 07F .0101(a)(4), (Subpart Z, 29 CFR 
1910. 1000, Air Contaminants). The more current PELs 
under consideration are those listed as substances relating 
to Avoidance of Neuropathy, Avoidance of Narcosis, 
Cardiovascular Effects, Systemic Toxicity and Metabolic 
Effects. The agency will subsequently publish in the 
Register the text of the rules it proposes to adopt as a 
result of the public hearing and of any comments received 
on the subject matter. 

Statutory Authority: G.S. 95-133. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 2:00 p. m. on May 
18, 1995 at the NCDOL/OSHA Office, 319 Chapanoke 
Road, Suite 105, Conference Room A, Raleigh, NC. 

Reason for Proposed Action: The Division of Occupa- 
tional Safety & Health of the NC Department of Labor 
desires to obtain public comment on the subject of adop- 
tion of more current PELs (permissible exposure limits.) 

Comment Procedures: Please submit written comments 
to Jill F. Cramer, NCDOL/OSHA, 319 Chapanoke Road, 
Suite 105, Raleigh, NC 27603-3432, FAX (919) 662-4582. 
You may present oral or written comments at the May 18 
hearing; however, time limits may be imposed by the 
Chair. The deadline for written comments is June 30, 
1995. 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Coastal Resources Commis- 
sion intends to amend rule cited as ISA NCAC 7H .0208. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 4:00 p.m. on the 
following dates and locations: 

May 25, 1995 

Beaufort County Community College 

Continuing Education Bldg. Auditorium 

Building #5 

Highway 264 East 

Washington, NC 27889 



July 27, 1995 



Crystal Coast Civic Center 

3505 Arendell Street 
Morehead City, NC 28557 

Reason for Proposed Action: To develop specific guide- 
lines for mooring installation to control proliferation of 
this type of development that heretofore has not been 
closely regulated. 

Comment Procedures: All persons interested in this 
matter are invited to attend the public hearing. The 
Coastal Resources Commission will receive mailed written 
comments postmarked no later than August 2, 1995. Any 
person desiring to present lengthy comments is requested 
to submit a written statement for inclusion in the record of 
proceedings for the public hearing. Additional information 
concerning the hearing or the proposals may be obtained 
by contacting Kris M. Horton, Division of Coastal Man- 
agement, PO Box 27687, Raleigh, North Carolina 
27611-7687, (919) 733-2293. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0200 - THE ESTUARINE SYSTEM 

.0208 USE STANDARDS 

(a) General Use Standards 

(1) Uses which are not water dependent will not 
be permitted in coastal wetlands, estuarine 
waters, and public trust areas. Restaurants, 
residences, apartments, motels, hotels, trailer 
parks, private roads, factories, and parking 
lots are examples of uses that are not water 
dependent. Uses that are water dependent may 
include: utility easements; docks; wharfs; boat 
ramps; dredging; bridges and bridge ap- 
proaches; revetments, bulkheads; culverts; 
groins; navigational aids; mooring pilings; 
navigational channels; simple access channels 
and drainage ditches. 

(2) Before being granted a permit by the CRC or 
local permitting authority, there shall be a 
finding that the applicant has complied with the 
following standards: 

(A) The location, design, and need for develop- 
ment, as well as the construction activities 
involved must be consistent with the stated 
management objective. 

(B) Before receiving approval for location of a 
use or development within these AECs, the 
permit-letting authority shall find that no 



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PROPOSED RULES 



suitable alternative site or location outside of 
the AEC exists for the use or development 
and, further, that the applicant has selected a 
combination of sites and design that will 
have a minimum adverse impact upon the 
productivity and biologic integrity of coastal 
marshland, shellfish beds, beds of submerged 
aquatic vegetation, spawning and nursery 
areas, important nesting and wintering sites 
for waterfowl and wildlife, and important 
natural erosion barriers (cypress fringes, 
marshes, clay soils). 

(C) Development shall not violate water and air 
quality standards. 

(D) Development shall not cause major or irre- 
versible damage to valuable documented 
archaeological or historic resources. 

(E) Development shall not measurably increase 
siltation. 

(F) Development shall not create stagnant water 
bodies. 

(G) Development shall be timed to have mini- 
mum adverse significant affect on life cycles 
of estuarine resources. 

(H) Development shall not impede navigation or 
create undue interference with access to, or 
use of, public trust areas or estuarine waters. 

(3) When the proposed development is in conflict 
with the general or specific use standards set 
forth in this Rule, the CRC may approve the 
development if the applicant can demonstrate 
that the activity associated with the proposed 
project will have public benefits as identified 
in the findings and goals of the Coastal Area 
Management Act, that the public benefits 
clearly outweigh the long range adverse effects 
of the project, that there is no reasonable and 
prudent alternate site available for the project, 
and that all reasonable means and measures to 
mitigate adverse impacts of the project have 
been incorporated into the project design and 
will be implemented at the applicant's expense. 
These measures taken to mitigate or minimize 
adverse impacts may include actions that will: 

(A) minimize or avoid adverse impacts by limit- 
ing the magnitude or degree of the action; 

(B) restore the affected environment; or 

(C) compensate for the adverse impacts by re- 
placing or providing substitute resources. 

(4) Primary nursery areas are those areas in the 
estuarine system where initial post larval 
development of finfish and crustaceans takes 
place. They are usually located in the upper- 
most sections of a system where populations 
are uniformly early juvenile stages. They are 
officially designated and described by the N.C. 
Marine Fisheries Commission in 15 A NCAC 



3B .1405 and by the N.C. Wildlife Resources 
Commission in 15A NCAC IOC .0110. 

(5) Outstanding Resource Waters are those estua- 
rine waters and public trust areas classified by 
the N.C. Environmental Management Commis- 
sion pursuant to Title 15 A, Subchapter 2B 
.0216 of the N.C. Administrative Code as 
Outstanding Resource Waters (ORW) upon 
finding that such waters are of exceptional 
state or national recreational or ecological 
significance. In those estuarine waters and 
public trust areas classified as ORW by the 
Environmental Management Commission 
(EMC), no permit required by the Coastal 
Area Management Act will be approved for 
any project which would be inconsistent with 
applicable use standards adopted by the CRC, 
EMC, or Marine Fisheries Commission 
(MFC) for estuarine waters, public trust areas, 
or coastal wetlands. For development activi- 
ties not covered by specific use standards, no 
permit will be issued if the activity would, 
based on site specific information, materially 
degrade the water quality or outstanding re- 
source values unless such degradation is tem- 
porary. 

(6) Beds of submerged aquatic vegetation (SAV) 
are those habitats in public trust and estuarine 
waters vegetated with one or more species of 
submergent vegetation. These vegetation beds 
occur in both subtidal and intertidal zones and 
may occur in isolated patches or cover exten- 
sive areas. In either case, the bed is defined 
by the presence of above-ground leaves or the 
below-ground rhizomes and propagules. In 
defining SAVs, the CRC recognizes the 
Aquatic Weed Control Act of 1991 (G.S. 
113A-220 et. seq.) and does not intend the 
SAV definition and its implementing rules to 
apply to or conflict with the non-development 
control activities authorized by that Act. 

(b) Specific Use Standards 
(1) Navigation channels, canals, and boat basins 
must be aligned or located so as to avoid 
primary nursery areas highly productive shell- 
fish beds, beds of submerged aquatic vegeta- 
tion, or significant areas of regularly or irregu- 
larly flooded coastal wetlands. 

(A) Navigation channels and canals may be 
allowed through narrow fringes of regularly 
and irregularly flooded coastal wetlands if 
the loss of wetlands will have no significant 
adverse impacts on fishery resources, water 
quality or adjacent wetlands, and, if there is 
no reasonable alternative that would avoid 
the wetland losses. 

(B) All spoil material from new construction 



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shall be confined landward of regularly and 
irregularly flooded coastal wetlands and 
stabilized to prevent entry of sediments into 
the adjacent water bodies or marsh. 

(C) Spoil from maintenance of channels and 
canals through irregularly flooded wetlands 
shall be placed on non-wetland areas, rem- 
nant spoil piles, or disposed of by an accept- 
able method having no significant, long term 
wetland impacts. Under no circumstances 
shall spoil be placed on regularly flooded 
wetlands. 

(D) Widths of the canals and channels shall be 
the minimum required to meet the applicant's 
needs and provide adequate water circula- 
tion. 

(E) Boat basin design shall maximize water 
exchange by having the widest possible 
opening and the shortest practical entrance 
canal. Depths of boat basins shall decrease 
from the waterward end inland. 

(F) Any canal or boat basin shall be excavated 
no deeper than the depth of the connecting 
channels. 

(G) Canals for the purpose of multiple residential 
development shall have: 

(i) no septic tanks unless they meet the 
standards set by the Division of Environ- 
mental Management and the Division of 
Environmental Health; 
(ii) no untreated or treated point source 

discharge; 
(iii) storm water routing and retention areas 
such as settling basins and grassed 
swales. 
(H) Construction of finger canal systems will not 
be allowed. Canals shall be either straight or 
meandering with no right angle corners. 
(I) Canals shall be designed so as not to create 
an erosion hazard to adjoining property. 
Design may include bulkheading, vegetative 
stabilization, or adequate setbacks based on 
soil characteristics. 
(J) Maintenance excavation in canals, channels 
and boat basins within primary nursery areas 
and beds of submerged aquatic vegetation 
should be avoided. However, when essential 
to maintain a traditional and established use, 
maintenance excavation may be approved if 
the applicant meets all of the following 
criteria as shown by clear and convincing 
evidence accompanying the permit applica- 
tion. This Rule does not affect restrictions 
placed on permits issued after March 1, 
1991. 
(i) The applicant demonstrates and docu- 
ments that a water-dependent need exists 



for the excavation; and 

(ii) There exists a previously permitted chan- 
nel which was constructed or maintained 
under permits issued by the State or 
Federal government. If a natural chan- 
nel was in use, or if a human-made 
channel was constructed before permit- 
ting was necessary, there must be clear 
evidence that the channel was continu- 
ously used for a specific purpose; and 

(iii) Excavated material can be removed and 
placed in an approved disposal area 
without significantly impacting adjacent 
nursery areas and beds of submerged 
aquatic vegetation; and 

(iv) The original depth and width of a hu- 
man-made or natural channel will not be 
increased to allow a new or expanded 
use of the channel. 

(2) Hydraulic Dredging 

(A) The terminal end of the dredge pipeline shall 
be positioned at a distance sufficient to 
preclude erosion of the containment dike and 
a maximum distance from spillways to allow 
adequate settlement of suspended solids. 

(B) Dredge spoil must be either confined on high 
ground by adequate retaining structures or if 
the material is suitable, deposited on beaches 
for purposes of renourishment, with the 
exception of (G) of this Subsection (b)(2). 

(C) Confinement of excavated materials shall be 
on high ground landward of regularly and 
irregularly flooded marshland and with 
adequate soil stabilization measures to pre- 
vent entry of sediments into the adjacent 
water bodies or marsh. 

(D) Effluent from diked areas receiving disposal 
from hydraulic dredging operations must be 
contained by pipe, trough, or similar device 
to a point waterward of emergent vegetation 
or, where local conditions require, below 
mean low water. 

(E) When possible, effluent from diked disposal 
areas shall be returned to the area being 
dredged. 

(F) A water control structure must be installed at 
the intake end of the effluent pipe. 

(G) Publicly funded projects will be considered 
by review agencies on a case-by-case basis 
with respect to dredging methods and spoil 
disposal. 

(H) Dredge spoil from closed shellfish waters 
and effluent from diked disposal areas used 
when dredging in closed shellfish waters 
shall be returned to the closed shellfish 
waters. 

(3) Drainage Ditches 



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PROPOSED RULES 



(A) Drainage ditches located through any marsh- 
land shall not exceed six feet wide by four 
feet deep (from ground surface) unless the 
applicant shows that larger ditches are neces- 
sary for adequate drainage. 

(B) Spoil derived from the construction or main- 
tenance of drainage ditches through regularly 
flooded marsh shall be placed landward of 
these marsh areas in a manner that will 
insure that entry of sediment into the water 
or marsh will not occur. Spoil derived from 
the construction or maintenance of drainage 
ditches through irregularly flooded marshes 
shall be placed on nonwetlands wherever 
feasible. Non-wetland areas include relic 
disposal sites. 

(C) Excavation of new ditches through high 
ground shall take place landward of a tempo- 
rary earthen plug or other methods to mini- 
mize siltation to adjacent water bodies. 

(D) Drainage ditches shall not have a significant 
adverse effect on primary nursery areas, 
productive shellfish beds, beds of submerged 
aquatic vegetation, or other documented 
important estuarine habitat. Particular atten- 
tion shall be placed on the effects of fresh- 
water inflows, sediment, and nutrient intro- 
duction. Settling basins, water gates, reten- 
tion structures are examples of design alter- 
natives that may be used to minimize sedi- 
ment introduction. 

(4) Nonagricultural Drainage 

(A) Drainage ditches shall be designed so that 
restrictions in the volume or diversions of 
flow are minimized to both surface and 
ground water. 

(B) Drainage ditches shall provide for the pas- 
sage of migratory organisms by allowing free 
passage of water of sufficient depth. 

(C) Drainage ditches shall not create stagnant 
water pools or significant changes in the 
velocity of flow. 

(D) Drainage ditches shall not divert or restrict 
water flow to important wetlands or marine 
habitats. 

(5) Marinas. Marinas are defined as any publicly 
or privately owned dock, basin or wet boat 
storage facility constructed to accommodate 
more than 10 boats and providing any of the 
following services: permanent or transient 
docking spaces, dry storage, fueling facilities, 
haulout facilities and repair service. Excluded 
from this definition are boat ramp facilities 
allowing access only, temporary docking and 
none of the preceding services. Expansion of 
existing facilities shall also comply with these 
standards for all development other than main- 



tenance and repair necessary to maintain 
previous service levels. 

(A) Marinas shall be sited in non-wetland areas 
or in deep waters (areas not requiring dredg- 
ing) and shall not disturb valuable shallow 
water, submerged aquatic vegetation, and 
wetland habitats, except for dredging neces- 
sary for access to high-ground sites. The 
following four alternatives for siting marinas 
are listed in order of preference for the least 
damaging alterative; marina projects shall be 
designed to have the highest of these four 
priorities that is deemed feasible by the 
permit letting agency: 

(i) an upland basin site requiring no alter- 
ation of wetland or estuarine habitat and 
providing adequate flushing by tidal or 
wind generated water circulation; 

(ii) an upland basin site requiring dredging 
for access when the necessary dredging 
and operation of the marina will not 
result in the significant degradation of 
existing fishery, shellfish, or wetland 
resources and the basin design shall 
provide adequate flushing by tidal or 
wind generated water circulation; 

(iii) an open water site located outside a 
primary nursery area which utilizes piers 
or docks rather than channels or canals 
to reach deeper water; and 

(iv) an open water marina requiring excava- 
tion of no intertidal habitat, and no 
dredging greater than the depth of the 
connecting channel. 

(B) Marinas which require dredging shall not be 
located in primary nursery areas nor in areas 
which require dredging through primary 
nursery areas for access. Maintenance dredg- 
ing in primary nursery areas for existing 
marinas will be considered on a case-by-case 
basis. 

(C) To minimize coverage of public trust areas 
by docks and moored vessels, dry storage 
marinas shall be used where feasible. 

(D) Marinas to be developed in waters subject to 
public trust rights (other than those created 
by dredging upland basins or canals) for the 
purpose of providing docking for residential 
developments shall be allowed no more than 
27 sq. ft. of public trust areas for every one 
lin. ft. of shoreline adjacent to these public 
trust areas for construction of docks and 
mooring facilities. The 27 sq. ft. allocation 
shall not apply to fairway areas between 
parallel piers or any portion of the pier used 
only for access from land to the docking 
spaces. 



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(E) To protect water quality of shellfishing 
areas, marinas shall not be located within 
areas where shellfish harvesting for human 
consumption is a significant existing use or 
adjacent to such areas if shellfish harvest 
closure is anticipated to result from the 
location of the marina. In compliance with 
Section 101(aX2) of the Clean Water Act and 
North Carolina Water Quality Standards 
adopted pursuant to that Section, shellfish 
harvesting is a significant existing use if it 
can be established that shellfish have been 
regularly harvested for human consumption 
since November 28, 1975 or that shellfish 
apparently are propagating and surviving in 
a biologically suitable habitat and are avail- 
able and suitable for harvesting for the pur- 
pose of human consumption. The Division 
of Marine Fisheries shall be consulted re- 
garding the significance of shellfish harvest 
as an existing use and the magnitude of the 
quantities of shellfish which have been har- 
vested or are available for harvest in the area 
where harvest will be affected by the devel- 
opment. 

(F) Marinas shall not be located without written 
consent from the controlling parties in areas 
of submerged lands which have been leased 
from the state or deeded by the state. 

(G) Marina basins shall be designed to promote 
flushing through the following design crite- 
ria: 

(i) the basin and channel depths shall gradu- 
ally increase toward open water and shall 
never be deeper than the waters to which 
they connect; and 
(ii) when possible, an opening shall be pro- 
vided at opposite ends of the basin to 
establish flow-through circulation. 
(H) Marinas shall be designed to minimize ad- 
verse effects on navigation and public use of 
public trust areas while allowing the appli- 
cant adequate access to deep waters. 
(I) Marinas shall be located and constructed so 
as to avoid adverse impacts on navigation 
throughout all federally maintained channels 
and their immediate boundaries. This in- 
cludes mooring sites (permanent or tempo- 
rary), speed or traffic reductions, or any 
other device, either physical or regulatory, 
that may cause a federally maintained chan- 
nel to be restricted. 
(J) Open water marinas shall not be enclosed 
within breakwaters that preclude circulation 
sufficient to maintain water quality. 
(K) Marinas which require dredging shall pro- 
vide acceptable areas to accommodate dis- 



posal needs for future maintenance dredging. 
Proof of the ability to truck the spoil mate- 
rial from the marina site to an acceptable 
disposal area will be acceptable. 

(L) Marina design shall comply with all applica- 
ble requirements for management of storm- 
water runoff. 

(M) Marinas shall post a notice prohibiting the 
discharge of any waste from boat toilets and 
explaining the availability of information on 
local pump-out services. 

(N) Boat maintenance areas must be designed so 
that all scraping, sandblasting, and painting 
will be done over dry land with adequate 
containment devices to prevent entry of 
waste materials into adjacent waters. 

(O) All marinas shall comply with all applicable 
standards for docks and piers, bulkheading, 
dredging and spoil disposal. 

(P) All applications for marinas shall be re- 
viewed to determine their potential impact 
and compliance with applicable standards. 
Such review shall consider the cumulative 
impacts of marina development. 

(Q) Replacement of existing marinas to maintain 
previous service levels shall be allowed 
provided that the preceding rules are com- 
plied with to the maximum extent possible, 
with due consideration being given to re- 
placement costs, service needs, etc. 
(6) Docks and Piers 

(A) Docks and piers shall not significantly inter- 
fere with water flows. 

(B) To preclude the adverse effects of shading 
coastal wetlands vegetation, docks and piers 
built over coastal wetlands shall not exceed 
six feet in width. "T"s and platforms associ- 
ated with residential piers must be at the 
waterward end, and must not exceed a total 
area of 500 sq. ft. with no more than six feet 
of the dimension perpendicular to the marsh 
edge extending over coastal wetlands. Water 
dependent projects requiring piers or wharfs 
of dimensions greater than those stated in 
this Rule shall be considered on a 
case-by-case basis. 

(C) Piers shall be designed to minimize adverse 
effects on navigation and public use of wa- 
ters while allowing the applicant adequate 
access to deep waters by: 

(i) not extending beyond the established pier 
length along the same shoreline for simi- 
lar use; (This restriction shall not apply 
to piers 200 feet or less in length unless 
necessary to avoid unreasonable interfer- 
ence with navigation or other uses of the 
waters by the public); 



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PROPOSED RULES 



(ii) not extending into the channel portion of 
the water body; and 

(iii) not extending more than one-third the 
width of a natural water body or 
man-made canal or basin. Measure- 
ments to determine widths of the chan- 
nels, canals or basins shall be made from 
the waterward edge of any coastal wet- 
land vegetation which borders the water 
body. The one-third length limitation 
will not apply in areas where the U.S. 
Army Corps of Engineers, or a local 
government in consultation with the 
Corps of Engineers, has established an 
official pier-head line. 

(D) Pier alignments along federally maintained 
channels must meet Corps of Engineers 
District guidelines. 

(E) Piers shall not interfere with the access to 
any riparian property and shall have a mini- 
mum setback of 15 feet between any part of 
the pier and the adjacent property owner's 
areas of riparian access. The line of division 
of areas of riparian access shall be estab- 
lished by drawing a line along the channel or 
deep water in front of the properties, then 
drawing a line perpendicular to the line of 
the channel so that it intersects with the 
shore at the point the upland property line 
meets the water's edge. The minimum 
setback provided in the rule may be waived 
by the written agreement of the adjacent 
riparian owner(s) or when two adjoining 
riparian owners are co-applicants. Should 
the adjacent property be sold before con- 
struction of the pier commences, the appli- 
cant shall obtain a written agreement with the 
new owner waiving the minimum setback 
and submit it to the permitting agency prior 
to initiating any development of the pier. 
Application of this Rule may be aided by 
reference to an approved diagram illustrating 
the rule as applied to various shoreline con- 
figurations. Copies of the diagram may be 
obtained from the Division of Coastal Man- 
agement. When shoreline configuration is 
such that a perpendicular alignment cannot 
be achieved, the pier shall be aligned to meet 
the intent of this Rule to the maximum extent 
practicable. 

(F) Docks and piers shall not significantly inter- 
fere with shellfish franchises or leases. 
Applicants for authorization to construct a 
dock or pier shall provide notice of the 
permit application or exemption request to 
the owner of any part of a shellfish franchise 
or lease over which the proposed dock or 



pier would extend. 

(7) Bulkheads and Shore Stabilization Measures 

(A) Bulkhead alignment, for the purpose of 
shoreline stabilization, shall approximate 
mean high water or normal water level. 

(B) Bulkheads shall be constructed landward of 
significant marshland or marshgrass fringes. 

(C) Bulkhead fill material shall be obtained from 
an approved upland source, or if the bulk- 
head is a part of a permitted project involv- 
ing excavation from a non-upland source, the 
material so obtained may be contained be- 
hind the bulkhead. 

(D) Bulkheads or other structures employed for 
shoreline stabilization shall be permitted 
below approximate mean high water or 
normal water level only when the following 
standards are met: 

(i) the property to be bulkheaded has an 
identifiable erosion problem, whether it 
results from natural causes or adjacent 
bulkheads, or it has unusual geographic 
or geologic features, e.g. steep grade 
bank, which will cause the applicant 
unreasonable hardship under the other 
provisions of this Rule; 

(ii) the bulkhead alignment extends no fur- 
ther below approximate mean high water 
or normal water level than necessary to 
allow recovery of the area eroded in the 
year prior to the date of application, to 
align with adjacent bulkheads, or to 
mitigate the unreasonable hardship re- 
sulting from the unusual geographic or 
geologic features; 
(iii) the bulkhead alignment will not result in 
significant adverse impacts to public trust 
rights or to the property of adjacent 
riparian owners; 
(iv) the need for a bulkhead below approxi- 
mate mean high water or normal water 
level is documented in the Field Investi- 
gation Report or other reports prepared 
by the Division of Coastal Management; 
and 

(v) the property to be bulkheaded is in a 
nonoceanfront area. 

(E) Where possible, sloping rip-rap, gabions, or 
vegetation shall be used rather than vertical 
seawalls. 

(8) Beach Nourishment 

(A) Beach creation or maintenance may be al- 
lowed to enhance water related recreational 
facilities for public, commercial, and private 
use. 

(B) Beaches may be created or maintained in 
areas where they have historically been 



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found due to natural processes. They will 
not be allowed in areas of high erosion rates 
where frequent maintenance will be neces- 
sary. 

(C) Placing unconfined sand material in the 
water and along the shoreline will not be 
allowed as a method of shoreline erosion 
control. 

(D) Material placed in the water and along the 
shoreline shall be clean sand free from pol- 
lutants and highly erodible finger material. 
Grain size shall be equal to or larger than 
that found naturally at the site. 

(E) Material from dredging projects can be used 
for beach nourishment if: 

(i) it is first handled in a manner consistent 

with rules governing spoil disposal; 
(ii) it is allowed to dry for a suitable period; 

and 
(iii) only that material of acceptable grain 
size is removed from the disposal site 
for placement on the beach. Material 
shall not be placed directly on the beach 
by dredge or dragline during mainte- 
nance excavation. 

(F) Beach creation shall not be allowed in any 
primary nursery areas, nor in any areas 
where siltation from the site would pose a 
threat to shellfish beds. 

(G) Material shall not be placed on any coastal 
wetlands or beds of submerged aquatic vege- 
tation. 

(H) Material shall not be placed on any sub- 
merged bottom with significant shellfish 
resources. 

(I) Beach construction shall not create the poten- 
tial for filling adjacent or nearby navigation 
channels, canals, or boat basins. 

(J) Beach construction shall not violate water 
quality standards. 

(K) Permit renewal of these projects shall require 
an evaluation of any adverse impacts of the 
original work. 

(L) Permits issued for this development shall be 
limited to authorizing beach nourishment 
only one time during the life of the permit. 
Permits may be renewed for maintenance 
work or repeated need for nourishment. 
(9) Wooden and Riprap Groins 

(A) Groins shall not extend more than 25 ft. 
waterward of the mean high water or normal 
water level unless a longer structure is justi- 
fied by site specific conditions, sound engi- 
neering and design principals. 

(B) Groins shall be set back a minimum of 15 ft. 
from the adjoining property lines. This 
setback may be waived by written agreement 



of the adjacent riparian owner(s) or when 
two adjoining riparian owners are 
co-applicants. Should the adjacent property 
be sold before construction of the groin 
commences, the applicant shall obtain a 
written agreement with the new owner waiv- 
ing the minimum setback and submit it to the 
permitting agency prior to initiating any 
development of the groin. 

(C) Groins shall pose no threat to navigation. 

(D) The height of groins shall not exceed 1 ft. 
above mean high water or the normal water 
level. 

(E) No more than two structures shall be allowed 
per 100 ft. of shoreline unless the applicant 
provides evidence that more structures are 
needed for shoreline stabilization. 

(F) "L" and "T" sections shall not be allowed at 
the end of groins. 

(G) Riprap material used for groin construction 
shall be free from loose dirt or any other 
pollutant in other than non-harmful quantities 
and of a size sufficient to prevent its move- 
ment from the site by wave and current 
action. 

(10) "Free Standing Moorings" 

(A) A "free standing mooring" is any means to 
attach a ship, boat, vessel, floating structure 
or other water craft to a stationary underwa- 
ter device, mooring buoy, buoyed anchor, or 
piling (as long as the piling is not associated 
with an existing or proposed pier, dock, or 
boathouse). 

(B) Free standing moorings shall be permitted 
only: 

(i) to riparian property owners within their 
riparian corridors; or 

(ii) as a publicly sponsored project providing 
a suitable area for access to any. moor- 
in g(s) and other land based operations 
which shall include but not be limited to 
wastewater pumpout. trash disposal and 
vehicle parking. 

(C) To protect water quality of shellfishing 
areas, mooring fields shall not be located 
within areas where shellfish harvesting for 
human consumption is a significant existing 
use or adjacent to such areas if shellfish 
harvest closure is anticipated to result from 
the location of the mooring field. In compli- 
ance with Section 101(a)(2) of the Federal 
Water Pollution Control Act. 33 U.S.C. 
1251 (a)(2). and North Carolina Water 
Quality Standards adopted pursuant to that 
section, shellfish harvesting is a significant 
existing use if it can be established that 
shellfish have been regularly harvested for 



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203 



PROPOSED RULES 



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human consumption since November 28. 
1975 or that shellfish apparently are propa- 
gating and surviving in a biologicallv suitable 
habitat and are available and suitable for 
harvesting for the purpose of human con- 
sumption. The Division of Marine Fisheries 
shall be consulted regarding the significance 
of shellfish harvest as an existing use and the 
magnitude of the quantities of shellfish which 
have been harvested or are available for 
harvest in the area where harvest will be 
affected by the development. 
Moorings shall not be located without written 
consent from the controlling parties in areas 
of submerged lands which have been leased 
from the state or deeded by the state- 
Moorings shall be designed and maintained 
to minimize adverse effects on navigation 
and public use of public trust areas while 
allowing the applicant adequate access to 
deep waters. 

Moorings shall be located and constructed so 
as to avoid adverse impacts on navigation 
throughout all federally maintained channels 
and their immediate boundaries. This in- 
cludes mooring sites (permanent or tempo- 
rary'), speed or traffic reductions, or any 
other device, either physical or regulatory, 
that may cause a federally maintained chan- 
nel to be restricted- 
Open water moorings shall not be enclosed 
within breakwaters that preclude circulation 
sufficient to maintain water quality- 
Moorings and the associated land based 
operation design shall comply with all appli- 
cable requirements for management of storm- 
water runoff. 

Mooring fields shall have posted in view of 
patrons a notice prohibiting the discharge of 
any waste from boat toilets or any other 
discharge and explaining the availability of 
information on local pump-out services and 
waste disposal. 

All applications for moorings shall be re- 
viewed to determine their potential impact 
and compliance with applicable standards. 
Such review shall consider the cumulative 
impacts of moorings development. 
Free standing moorings associated with 
public service or temporary construc- 



tion/salvage operations can be permitted 
without a public sponsor and shall be evalu- 
ated on a case-by-case basis. 
Free standing mooring buoys and piles are to 
be evaluated based upon the arc of the swing 
including the vessel to be moored. Moorings 
and the attached vessel shall not interfere 



with the access of any riparian owner nor 
shall it block riparian access by blocking 
channels, deep water, etc. which allows 
riparian access. Free standing moorings 
shall not interfere with the ability of any 
riparian owner to place a pier for access. 

(Ml Free standing moorings shall be marked or 
colored in compliance with U.S. Coast 
Guard and N.C. Wildlife Resource Commis- 
sion requirements and the required marking 
maintained for the life of the mooring(s1. 

(N) The type of material used to create a moor- 
ing must be free of pollutants and of a desig n 
and type of material so as to not present a 
hazard to navigation or public safety. 

(CO Existing free standing moorings (i.e. 
buoys/pilings) may be maintained in place 
for two years. However, if the moorings(s') 
deteriorate or are damaged such that replace- 
ment is necessary during the two year pe- 
riod, the mooring(s') then must comply with 
those guidelines of the Division in place at 
that time. In any event, existing moorings 
must comply with these Rules within two 
years. 

Statutory Authority G.S. 113 A- 107(b); 113A-108; 
113A-1 13(b); 113A-124. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Coastal Resources Commis- 
sion intends to adopt rules cited as 15 A NCAC 7H .2201 
- .2205. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 4:00 p.m. on the 
following dates and locations: 

May 25, 1995 

Beaufort County Community College 

Continuing Education Bldg. Auditorium 

Building 08 

Highway 264 East 

Washington, NC 27889 

July 27, 1995 

Crystal Coast Civic Center 

3505 Arendell Street 
Morehead City, NC 28557 

Reason for Proposed Action: These Rules will establish 
a procedure for authorizing the installation of private 
moorings in response to an increasing demand for such 
facilities over the past 48 months. This is a new permit 



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PROPOSED RULES 



requirement for a type of development that has not previ- 
ously required permits. 

Comment Procedures: All persons interested in this 
matter are invited to attend the public hearing. The 
Coastal Resources Commission will receive mailed written 
comments postmarked no later than August 1, 1995. Any 
person desiring to present lengthy comments is requested 
to submit a written statement for inclusion in the record of 
proceedings for the public hearing. Additional information 
concerning the hearing or the proposals may be obtained 
by contacting Kris M. Horton, Division of Coastal Man- 
agement, PO Box 27687, Raleigh, North Carolina 
27611-7687, (919) 733-2293. 

Fiscal Note: Rule .2203 affects the expenditure or distribu- 
tion of State funds subject to the Executive Budget Act, 
Article 1 of Chapter 143. Rules .2201 - .2202, .2204 - 
. 2205 do not affect the expenditure or distribution of State 
funds subject to the Executive Budget Act, Article 1 of 
Chapter 143. 

SECTION .2200 - GENERAL PERMIT FOR 

CONSTRUCTION OF FREE STANDING 

MOORINGS IN ESTUARINE WATERS AND 

PUBLIC TRUST AREAS 

.2201 PURPOSE 

This permit will allow the construction of free standing 
moorings in the estuarine waters and public trust areas 
AECs according to the authority provided in 15A NCAC 
7J .1100 and according to the following guidelines. This 
permit will not apply to waters adjacent to the Ocean 
Hazard AEC. 

Statutory Authority G.S. 113A-107; 113A-118.1. 

.llfil APPROVAL PROCEDURES 

(a) The applicant must contact the Division of Coastal 
Management and complete an application form requesting 
a pproval for development. 

(b) The applicant must provide: 

(1) information on site location, dimensions of the 
project area, and his/her name and address; 

(2) a dated plat(s) showing existing and proposed 
development: and 

(3) confirmation that: 

(A) a written statement has been obtained and 
signed by the adjacent riparian property 
owners indicating that they have no objec- 
tions to the proposed work; or 

(B) the adjacent riparian property owners have 
been notified by certified mail of the pro- 
posed work. Such notice shall instruct 
adjacent property owners to provide any 
comments on the proposed development in 
writing for consideration by permitting offi- 



cials to the Division of Coastal Management 
within 10 days of receipt of the notice, and, 
indicate that no response will be interpreted 
as no objection. PCM staff will review all 
comments. If PCM determines that: 
(i) the comments are relevant to the poten- 
tial impacts of the proposed project: and 
(iil the permitting issues raised by the com- 
ments are worthy of more detailed re- 
view, the a pplicant will be notified that 
he/she must submit an a pplication for a 
major development permit. 
(c) A pproval of individual projects will be acknowl- 
edged in writing by the Pivision of Coastal Management 
and the a pplicant shall be provided a copy of this Section- 
Construction authorized by this permit must be completed 
within 90 days of permit issuance or the general authoriza- 
tion expires and a new permit shall be required to begin or 
continue construction. 

Statutory Authority G.S. 113A-107; 113A-118.1. 

.2203 PERMIT FEE 

The a pplicant must pay a permit fee of fifty dollars 
($50.00). This fee may be paid by check or money order 
made payable to the Pepartment. 

Statutory Authority G.S. 113A-107; 113A-118.1. 

.2204 GENERAL CONDITIONS 

(a) A "free standing mooring" is any means to attach a 
ship, boat, vessel, floating structure or other water craft 
to a stationary underwater device, mooring buoy, buoyed 
anchor, or piling (as long as the piling is not associated 
with an existing or proposed pier, dock, or boathouse). 

(b) Free standing moorings authorized by. this permit 
shall be for the exclusive use of the riparian landowners) 
in whose name the permit is issued, and shall not provide 
either leased or rented moorings or any other commercial 
services. 

(c) There shall be no unreasonable interference with 
navigation or use of the waters by the public by the 
existence of free standing moorings authorized by this 
permit. 

(d) This general permit may not be a pplicable to 
proposed construction when the Department determines 
that the proposal might significantly affect the quality of 
the human environment or unnecessarily endanger adjoin- 
ing properties. In those cases, individual permit applica- 
tions and review of the proposed project will be required 
according, to 15A NCAC 7L 

(e) Pevelopment carried out under this permit must be 
consistent with all local requirements. AEC Guidelines, 
and local land use plans current at the time of authoriza- 
tion. 

(f) Individuals shall allow authorized representatives of 
the Pepartment of Environment. Health, and Natural 



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205 



PROPOSED RULES 



Resources to make periodic inspections at any time 
deemed necessary in order to be sure that the activity 
being performed under the authority of this general permit 
is in accordance with the terms and conditions prescribed 
herein. 

(g) Free standing mooring(s) shall not be transferable or 
assignable. Upon transfer of riparian property ownership, 
the mooring(s) must be removed by the original permittee 
unless a new permit is issued to the new riparian owner. 

Statutory Authority G.S. U3A-107; 113A-U8.1. 

.2205 SPECIFIC CONDITIONS 

(a) Free standing moorings may be located up to a 
maximum of 400 feet from the mean high water line, or 
the normal water line, whichever is applicable. 

(b) Free standing moorings along federally maintained 
channels must meet Corps of Engineers guidelines- 
re) Free standing moorings in no case shall extend more 

than 1/3 the width of a natural water body or man-made 
canal or basin. 

(d) Free standing mooring buoys and piles are to be 
evaluated based upon the arc of the swing including the 
vessel to be moored. Moorings and the attached vessel 
shall not interfere with the access to any. riparian property, 
and shall have a minimum setback of 15 feet from the 
adjacent property lines extended into the water at the 
points that they intersect the shoreline. The minimum 
setbacks provided in the rule may be waived by the 
written agreement of the adjacent riparian owneifs'). or 
when two adjoining riparian owners are co-applicants. 
Should the adjacent property be sold before construction 
commences, the applicant shall obtain a written agreement 
with the new owner waiving the minimum setback and 
submit it to the Division of Coastal Management prior to 
initiating any development of free standing moorings. The 
line of division of areas of riparian access shall be estab- 
lished by drawing a line along the channel or deep water 
in front of the property, then drawing a line perpendicular 
to the line of the channel so that it intersects with the 
shore at the point the upland property line meets the 
water's edge. 

(e) The total number of docking/mooring facilities to be 
authorized via a CAMA General permit, a Certificate of 
Exemption or any combination of the two may not exceed 
four per property. 

(f) Free standing moorings shall not significantly 
interfere with shellfish franchises or leases. Applicants 
for authorization to construct free standing moorings shall 
provide notice of the permit application to the owner of 
any part of a shellfish franchise or lease over which the 
proposed installation would extend. 

(g) Free standing moorings may not be established in 
submerged cable/pipe crossing areas or in a manner which 
interferes with the operation of an access through any 
bridge. 

(hi Free standing moorings shall be marked or colored 



in compliance with U.S. Coast Guard and N.C. Wildlife 
Resource Commission requirements and the required 
marking maintained for the life of the mooring(s1. 

(i) Free standing moorings must bear owner's name, 
vessel State registration numbers or U.S. Customs Docu- 
mentation numbers. Required identification must be 
legible for the life of the mooring(s1. 

£ii The type of material used to anchor a proposed 
mooring buoy(s) must be acceptable to the Division of 
Coastal Management. 

(kl If use of any free standing mooring authorized by 
this General permit is discontinued for a period of 12 
months or more, it must be removed by the permittee. 

(11 Mooring buoys authorized by this General permit 
must be a minimum 12" in diameter and shall not exceed 
36" inches in diameter. 

(ml Existing free standing moorings (i.e. buoys/pilings) 
may be maintained in place for two years. However, if 
the mooring(s') deteriorate or are damaged such that 
replacement is necessary during the two year period, the 
mooring(s1 then must comply with those guidelines of the 
Division in place at that time. In any event, existing 
moorings must comply with these Rules within two years. 

Statutory Authority G.S. 113A-107; 113A-118.1. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 37 - BOARD OF NURSING HOME 
ADMINISTRATORS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina State Board of 
Examiners For Nursing Home Administrators intends to 
amend rules cited as 21 NCAC 37 .0302, .0404, .0502, 
.0603, .0912, .0914. 



iil£ Proposed Effective Date: August 1, 1995. 



Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): Any 
request for a public hearing must be submitted, in writing, 
to Jane Abernathey, N.C. State Board of Examiners for 
Nursing Home Administrators, 3701 National Drive, Suite 
123, Raleigh, NC 27612 by 4:00p.m. on May 16, 1995. 

Reason for Proposed Action: 

21 NCAC 37 .0302 - Increases fee required for initial 
licensure. 

21 NCAC 37 .0404 - Increases fee charged for adminis- 
tering continuing education courses. 
21 NCAC 37 .0502 - Increases fee required for adminis- 
trator-in-training application. 

21 NCAC 37 .0603 - Increases fees required to take the 
national and state licensing examinations. 



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PROPOSED RULES 



21 NCAC 37 .0912 - Increases fee required for reciproc- 
ity. 

21 NCAC 37 .0914 - Increases fee required for issuing a 
duplicate license or certificate of registration. 

Comment Procedures: Written comments on these Rules 
must be submitted to the Board office by 9:00 a.m. on 
June 13, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

SECTION .0300 - APPLICATION FOR LICENSE 

.0302 INITIAL LICENSURE FEE 

The applicant will send to the Board, prior to licensure, 
an initial licensure fee of two hundr e d fifty dollars 
($250.00) three hundred dollars ($300.00) when applicant 
has successfully passed the examinations as required by 
the Board under Rule .0208 of this Chapter. 

Statutory Authority G.S. 90-280. 

SECTION .0400 - COURSES OF STUDY 

.0404 CONTINUING EDUCATION PROGRAMS 
OF STUDY 

(a) The Board shall certify and administer courses in 
continuing education for the professional development of 
nursing home administrators and to enable persons to meet 
the requirements of these Rules. It is the responsibility of 
the licensee to keep a record of his continuing education 
hours. Certified courses, including those sponsored by the 
Board, an accredited university, college or community 
college, associations, professional societies, or organiza- 
tions shall: 

(1) contain a minimum of two classroom hours of 
academic work and not more than eight class- 
room hours within a 24-hour period; and 

(2) include instruction in the following general 
subject areas or their equivalents: 

(A) Resident Care Management; 

(B) Personnel Management; 

(C) Financial Management; 

(D) Environmental Management; 

(E) Regulatory Management; 

(F) Organizational Management. 

(b) Certified courses not administered by the Board 
shall: 

(1) be submitted to the Board for approval at least 
30 days prior to the presentation of the pro- 
gram; 

(2) be accompanied with a fee of tw e nty fiv e 
dollars ($25.00) fifty dollars ($50.00) to cover 
the cost of reviewing and maintaining records 
associated with the continuing education pro- 
gram; and 



(3) be approved for a period of one year from the 
date of initial presentation, 
(c) The Board shall charge a fee pursuant to G.S. 90- 
280 for continuing education courses. 

Statutory Authority G.S. 90-278; 90-280; 90-285; 90-286. 

SECTION .0500 - ADMINISTRATOR 
-IN-TRAINING 

.0502 APPLICATION TO BECOME 

ADMINISTRATOR-IN-TRAINING 

(a) The applicant will submit to the Board an applica- 
tion, which shall contain such information as name, 
education, employment history, questions pertaining to 
moral character, and any other information the Board may 
require to process an application according to these Rules, 
and an affidavit stating that the applicant, if granted a 
license, will obey the laws of the state and the rules of the 
Board, and will maintain the honor and dignity of the 
profession. 

(b) The applicant will submit a background resume 
indicating the areas in which he is competent or lacking. 

(c) The applicant will submit three reference forms 
which shall certify to his or her good moral character as 
required and defined by Rule .0303 of this Chapter. 

(d) The applicant will supply a certified copy of each 
college transcript indicating the courses completed and 
hours earned, specifying whether semester or quarter 
hours. Instead of a transcript the applicant will supply 
documentation of his supervisory experience in a nursing 
home if he is utilizing the experience substitute for the 
education requirement as allowed by G.S. 90-278(l)b. 

(e) The preceptor shall submit to the Board three weeks 
prior to the personal interview, a recommended number of 
weeks and an individualized curriculum for the ATT 
program that shall provide the ATT with on the job 
experience in the six subject areas outlined in Section 
.0700 of this Chapter. 

(f) A fee of one hundred dollars ($100.00) one hundred 
fifty dollars ($150.00) shall be submitted with the applica- 
tion. 

(g) An AIT applicant must maintain at all times a 
current mailing address with the Board office. 

Statutory Authority G.S. 90-278; 90-280; 90-285. 

SECTION .0600 - EXAMINATION 

.0603 EXAMINATION 

(a) There shall be a charge of one hundr e d se v e nty fiv e 
dollar s ($175.00) two hundred dollars ($200.00) to take 
the national examination and sixty dollars ($60.00) seventy 
five dollars ($75.00) to take the state examination. 

(b) If the applicant does not pass the examination, no 
refund will be made. 

(c) The applicant will be required to pay the appropriate 



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207 



PROPOSED RULES 



fee each time he takes the examination. 

(d) Upon the third failure of any examination required 
by the Board, the AIT and the preceptor must submit to 
the Board a program to strengthen the candidate's weak- 
ness as demonstrated by the previous test results. Upon 
approval by the Board of the program and completion 
thereof by the candidate, he shall be allowed to take the 
examinations. 

Statutory Authority G.S. 90-278; 90-280; 90-284; 90-285. 

SECTION .0900 - LICENSES 

.0912 RECIPROCITY/ENDORSEMENT 

(a) The Board may issue a license, to a nursing home 
administrator who holds a nursing home administrator 
license issued by the proper authorities of any other state, 
upon payment of the current licensing fee, successful 
completion of the state examination, and submission of 
evidence satisfactory to the Board as to the following: 

(1) such applicant for licensure must have personal 
qualifications, education, training or experi- 
ence at least substantially equivalent to those 
required in this state; 

(2) such applicant must be licensed in another state 
that gives similar recognition and reciproc- 
ity/endorsement to nursing home administrator 
licenses of this state; and 

(3) such applicant for license by reciproc- 
ity/endorsement holds a valid license as a 
nursing home administrator in the state from 
which he is transferring. 

(b) An applicant for reciprocity/endorsement shall 
submit a completed application, background resume, 
certified college transcript(s), three reference forms (one 
of which must be from a previous employer) from individ- 
uals who shall certify to the good moral character of the 
applicant as defined in Rule .0303 of this Chapter, 
licensing questionnaire^) from every state where the 
applicant has held a license, a aovonty five dollar ($75.00) 
one hundred twenty five dollar ($125.00) application fee, 
and appear before the Board for a personal interview. 

(c) The Board shall have the power, after due notice 
and an opportunity to be heard at a hearing, to revoke or 
suspend the nursing home administrator license issued to 
any person under this Rule upon evidence satisfactory to 
the Board that the duly constituted authorities of any other 
state have lawfully revoked or suspended the nursing home 
administrator license issued to such person by such state. 

(d) All persons who hold a valid provisional license or 
who have completed the requirements for a provisional 
license as of the amended effective date of this Rule shall 
be issued a full license upon submission (within 12 months 
from the effective date of this Rule) to the Board their 
provisional license or payment of the licensing fee is 
applicable. 



Statutory Authority G.S. 90-280; 90-285; 90-287. 

.0914 DUPLICATE LICENSES 

Upon receipt of satisfactory evidence that a license or 
certificate of registration has been lost, mutilated, or 
destroyed, the Board may issue a duplicate license or 
certificate of registration upon payment of a fee of tea 
dollars ($10.00) twenty five dollars ($25.00) . 

Statutory Authority G.S. 90-280(d). 



TITLE 23 - DEPARTMENT OF 
COMMUNITY COLLEGES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC State Board of Community 
Colleges intends to adopt rules cited as 23 NCAC 2C 
.0108, .0211 and .0306. 

Proposed Effective Date: September 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 
May 31, 1995 at the NC Community College System, 
Caswell Building - State Board Room, 200 W. Jones 
Street, Raleigh, NC 27603-1379. 

Reason for Proposed Action: 

23 NCAC 2C .0108 - To authorize community colleges to 

adopt educational guarantee policies. 

23 NCAC 2C .0211 - To regulate contract buy outs of 

community college employee contracts. 

23 NCAC 2C .0306 - To develop a system-wide plan for 

accommodating students and preserving student records in 

the event a community college closes. 

Comment Procedures: Individuals who plan to make oral 
presentations must submit their remarks in writing to the 
hearing officer. A ten-minute or less time limit per person 
may be imposed for oral presentations. Interested persons 
may submit written statements from the date of this notice 
until May 31, 1995, delivered or mailed to Morris W. 
Johnson, Jr. , Hearing Officer, NC Community College 
System, 200 W. Jones Street, Raleigh, NC 27603-1379. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2C - COLLEGES: 
ORGANIZATION AND OPERATIONS 

SECTION .0100 - TRUSTEES AND 
COLLEGES 

.0108 EDUCATIONAL GUARANTEE 



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PROPOSED RULES 



{a} The North Carolina State Board of Community 
Colleges believes in the quality of its students, faculty, and 
staff. It further believes that all colleges in the system 
should provide the knowledge and the skills needed to 
succeed in today's workplace and at other colleges and 
universities. 

(b) The State Board encourages and authorizes local 
boards of trustees to adopt educational guarantee policies 
for their colleges. Any educational guarantee policy 
adopted by a board of trustees shall: 

(1) Be developed in an atmosphere that provides 
maximum input from faculty, staff, students, 
employers, university representatives, and 
community leaders. 

(2) Identify the programs or activities to be guar- 
anteed. This may include the entire program 
or specific courses. The goal of the system is 
to include all programs at all community 
colleges. 

(3) Define the skills, knowledge, or credits to be 
guaranteed. This may include the guarantee to 
transfer earned credits taken in transfer pro- 
grams and the guarantee of technical knowl- 
edge and skills needed for successful employ- 
ment in occupations for graduates of vocational 
and technical programs. 

(4) Define the population of students who will 
receive guarantees. This would include the 
identification of students, both full-time and 
part-time, for which the guarantee a pplies. 
Define any special conditions of the guarantee. 
This would include a time limit and grade 
achievement. 

Describe how the guarantee may be invoked 
and how it will be honored. 



(5) 

£61 

ill 

£81 

£21 



Define the educational services or other bene- 
fits a student who seeks the guarantee will 
receive. This could include reimbursement 
from non-state funds, re -enrollment, tutoring. 
or counseling. 

State that re-enrolled students shall not pay 
tuition or fees associated with re -enrollment or 
other related services. Budget Mb shall not be 
earned for re-enrolled students. 
Set forth the process to be used by students to 
invoke the guarantee and the steps to be used 
by the college to improve the programs in 
question. 



contract are responsible for implementing the contract. 
Therefore, should it become necessary to terminate 
employment prior to the expiration of a contract and if it 
is necessary to buy out the contract, such payment shall 
not be paid from state funds. 

£b_l An individual in a state-funded position whose 
employment is terminated prior to the expiration of a 
contract may not be re-employed by the college to offset 
the lost wages which the employee would have received 
under the contract. All efforts should be made to prevent 
terminations which require the buying out of contracts. 

(c) If an individual whose employment contract has 
been terminated enters into another employment agreement 
with the college, such employment shall be for a salary 
commensurate with the services being performed. Such 
employment shall not be to provide the employee the same 
level of compensation he or she would have received 
under the former contract. 

Statutory Authority G.S. 115D-5; 115D-20. 

SECTION .0300 - STUDENTS 

.0306 COMMUNITY COLLEGE CLOSURE: 
TEACH-OUT PLAN AND RECORDS 
PRESERVATION 

(a) Any community college which closes shall inform 
each student and each a pplicant of its pending closure at 
least 90 days prior to closure. 

(b) Prior to closure, college officials shall help students 
identify equivalent programs and provide assistance in 
transferring to other community colleges. A student who 
is displaced due to a community college closing may 
transfer to any other community college which offers the 
student's program without loss of credits or quality points. 
Community colleges shall give priority admission and 
placement to transfer students who have been displaced 
due to a community college closing. 

(c) Before closing, the college shall file a copy of all 
student permanent academic and financial aid records 
with the Department of Cultural Resources in accordance 
with the records retention process. 

Statutory Authority G.S. 115D-5. 



Statutory Authority G.S. 115D-5. 

SECTION .0200 - PERSONNEL 

.0211 CONTRACT BUY OUTS 

(a) Contracts entered into by boards of trustees may not 
be bought out with state funds, unless required by a court 
of competent jurisdiction. The parties entering into a 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



209 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



DEPARTMENT OF COMMERCE 

Banking Commission 

4 NCAC 31 .0101 - Definitions; Filings 

Agency Revised Rule 
4 NCAC 31 .0402 - Annual Statement 

Agency Revised Rule 

DEPARTMENT OF CULTURAL RESOURCES 
Art Works in State Buildings Program 

7 NCAC 12 .0002 - Transfer of Funds 

Rule Withdrawn by Agency 
7 NCAC 12 .0003 - Program Administration 

Rule Withdrawn by Agency 
7 NCAC 12 .0005 - Selection, Installation, and Maintenance 

Rule Withdrawn by Agency 
7 NCAC 12 .0006 - Maintenance, Repair and Conservation 

Rule Withdrawn by Agency 

Division of State Library 

7 NCAC 2E .0301 - Qualifications for Grants 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 

15 A NCAC 16A .0104 - Co-Payments 

Agency Revised Rule 
15 A NCAC 16A .0109 - Covered Services 

Agency Revised Rule 

Coastal Management 

15 A NCAC 7H .0308 - Specific Use Standards for Ocean Hazard Areas 

Rule Returned to Agency 
ISA NCAC 7M .0202 - Policy Statements 

Rule Returned to Agency 

Environmental Health 



RRC Objection 04/20/95 
Obj. Removed 04/20/95 
RRC Objection 04/20/95 
Obj. Removed 04/20/95 



03/16/95 
03/16/95 
03/16/95 
03/16/95 



RRC Objection 04/20/95 
Obj. Removed 04/20/95 



RRC Objection 03/16/95 
Obj. Removed 03/16/95 
RRC Objection 03/16/95 
Obj. Removed 03/16/95 



RRC Objection 03/16/95 
Obj. Cont'd 04/20/95 
RRC Objection 03/16/95 
Obj. Cont'd 04/20/95 



15A NCAC 18A .2801 - Definitions 

Rule Approved as Written 
15A NCAC ISA .2810 - Specifications for Kitchens, Based on Number/Children 

Agency Revised Rule 
15A NCAC 18A .3204 - Sewage Disposal 

Agency Revised Rule 
15 A NCAC 18A .3209 - Tattooing Procedures 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/19/95 
02/16/95 
01/19/95 
02/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 



210 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



RRC OBJECTIONS 



Environmental Management 

15 A NCAC 2D .0902 - Applicability RRC Objection 04/20/95 

Agency Revised Rule Obj. Removed 04/20/95 

15A NCAC 2D . 1204 - Reporting and Recordkeeping RRC Objection 03/16/95 

Agency Revised Rule Obj. Removed 03/16/95 

15A NCAC 2D . 1404 - Recordkeeping: Reporting: Monitoring RRC Objection 03/16/95 

Agency Revised Rule Obj. Removed 03/16/95 

15 A NCAC 2D . 1407 - Non-Utility Boilers and Process Heaters RRC Objection 03/16/95 

Agency Revised Rule Obj. Removed 03/16/95 

ISA NCAC 2D . 1414 - Tune-Up Requirements RRC Objection 03/16/95 

Agency Revised Rule Obj. Removed 03/16/95 

15 A NCAC 2K .0501 - Definitions RRC Objection 03/16/95 

Agency Revised Rule Obj. Removed 03/16/95 

ISA NCAC 2D .0502 - Required Minimum Flow for Dams (Not Small Hydro Projects) RRC Objection 03/16/95 

Agency Revised Rule Obj. Removed 03/16/95 

Parks and Recreation Area Rules 



15 A NCAC 12K .0103 - Funding Cycle 

Agency Revised Rule 
ISA NCAC 12K .0104 - Application Schedule 

Agency Revised Rule 
ISA NCAC 12K .0105 - Evaluation of Applications 

Agency Revised Rule 
ISA NCAC 12K .0106 - Grant Agreement 

Agency Revised Rule 
ISA NCAC 12K .0111 - Program Acknowledgment 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 



Radiation Protection 



ISA NCAC 11 .0104 - Definitions 

Agency Revised Rule 
15 A NCAC 11 .0503 - Equipment Radiation Level Limits 

Agency Revised Rule 



RRC Objection 04/20/95 
Obj. Removed 04/20/95 
RRC Objection 04/20/95 
Obj. Removed 04/20/95 



Wildlife Resources and Water Safety 



ISA NCAC IOC .0205 - Public Mountain Trout Waters 

Agency Revised Rule 
ISA NCAC 10F .0330 - Carteret County 

Agency Revised Rule 
ISA NCAC 10K .0001 - Course Requirements 

Rule Withdrawn by Agency 



RRC Objection 04/20/95 
Obj. Removed 04/20/95 
RRC Objection 04/20/95 
Obj. Removed 04/20/95 

04/20/95 



HUMAN RESOURCES 

Aging 



10 NCAC 22R .0202 - County Funding Plans 
Agency Revised Rule 



RRC Objection 04/20/95 
Obj. Removed 04/20/95 



Facility Services 

10 NCAC 3R .3030 - Facility and Service Need Determinations 



RRC Objection 03/16/95 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



211 



RRC OBJECTIONS 



Agency Revised Rule 
10 NCAC 3U . 1001 - Seat Restraints 
Agency Revised Rule 

Medical Assistance 



Obj. Removed 03/16/95 
RRC Objection 03/16/95 
Obj. Removed 03/16/95 



10 NCAC 26H .0104 - Cost Reporting: Auditing and Settlements 

Rule Withdrawn by Agency 
10 NCAC 26M .0301 - Program Definition 

Agency Revised Rule 
10 NCAC 26M .0302 - Access to Care 

Agency Revised Rule 
10 NCAC 26M .0303 - Patient Informing 
10 NCAC 26M .0304 - Relationship with Carolina Access 

Agency Revised Rule 
10 NCAC 26M .0305 - Relationship with EPSDT program 

Agency Revised Rule 
10 NCAC 26M .0306 - Relationship with Sub-Contractors 

Agency Revised Rule 
10 NCAC 26M .0307 - Utilization Review Requirements 

Agency Revised Rule 
10 NCAC 26M .0308 - Enrollee and Sub-Contractor Appeals and Grievances 

INSURANCE 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 
04/20/95 



Actuarial Services Division 

11 NCAC 16 .0601 - Definitions 

Agency Revised Rule 
11 NCAC 16 .0602 - HMO General Filing Requirements 

Agency Revised Rule 
11 NCAC 16 .0607 - HMO Incurred Loss Ratio Standards 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 
Board of Cosmetic Art Examiners 

21 NCAC 14F .0014 - Salon Renewal 

No Response from Agency 
21 NCAC 141 .0401 - App. for Lie. by Individuals Who Have Been Convicted of a Felony 

No Response from Agency 
21 NCAC 141 .0402 - Requests for Preapplication Review of Felony Convictions 

No Response from Agency 

Board of Examiners of Electrical Contractors 

21 NCAC 18B .0901 - Applicants Convicted of Crimes 
No Response from Agency 
Agency Revised Rule 

Licensing Board for General Contractors 

21 NCAC 12 .0701 - Improper Practice 
Rule Withdrawn by Agency 

Board of Opticians 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 



RRC Objection 03/16/95 
Obj. Cont'd 04/20/95 
RRC Objection 03/16/95 
Obj. Cont'd 04/20/95 
RRC Objection 03/16/95 
Obj. Cont'd 04/20/95 



RRC Objection 01/19/95 
Obj. Cont'd 02/16/95 
Obj. Removed 03/16/95 



04/20/95 



212 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



RRC OBJECTIONS 



21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; Registration 
Agency Revised Rule 
No Response from Agency 
Agency Responded 
No Response from Agency 
Rule Returned to Agency 

PUBLIC EDUCATION 



RRC Objection 11/17/94 
Obj. Cont'd 11/17/94 
Obj. Cont'd 12/15/94 
Obj. Cont'd 01/19/95 
Obj. Cont'd 02/16/95 
03/16/95 



Elementary and Secondary Education 

16 NCAC 6C .0207 - Prospective Teacher Scholarship Loans 

Agency Responded 
Agency Revised Rule 

REVENUE 

Sales and Use Tax 

17 NCAC 7B .1123 - Certain Sales to Commercial Livestock and Poultry Farmers 

17 NCAC 7B .5436 - Farmer's Certificate Form: E-599 

Agency Repealed Rule 
17 NCAC 7B .5437 - Veterinarian's Certificate Form: E-567 

Agency Repealed Rule 
17 NCAC 7B .5445 - Commercial Swine, Livestock/Poultry Farmers' Cert. Form: E-599S 

Agency Repealed Rule 
17 NCAC 7B .5462 - Ice Certificate Form 

Rule Withdrawn by Agency 

SECRETARY OF STATE 



RRC Objection 02/16/95 

Obj. Confd03/ 16/95 

Obj. Removed 04/20/95 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



03/16/95 
04/20/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
03/16/95 
04/20/95 

03/16/95 



Notary Public Division 

18 NCAC 7 .0301 - Approved Course of Study 

No Response from Agency 

Rule Returned to Agency 
18 NCAC 7 .0302 - Instructors 

No Response from Agency 

Rule Returned to Agency 



RRC Objection 12/15/94 
Obj. Cont'd 01/19/95 
Obj. Cont'd 02/16/95 
RRC Objection 12/15/94 
Obj. Cont'd 01/19/95 
Obj. Cont'd 02/16/95 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



213 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an 
index to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge by 
contacting the Office of Administrative Hearings, (919) 733-2698. 



DECISION 
CITATION 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED 
REGISTER 



ADMINISTRATION 

Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 

State Construction Office 

W. M. Piatt &. Company v. State Construction Office, DOA 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Norman D. Forbes v. Alcoholic Beverage Control Commission 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 

CRIME CONTROL AND PUBLIC SAFETY 

Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 
Wayne L. Utlcy v. Crime Victims Compensation Commission 
Thomasine Inman v. Crime Victims Compensation Commission 
Irmgard Gordos v. Crime Victims Compensation Commission 
Ellen Shcrwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 

Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 

and 
Shugart Enterprises, Inc. 

Coastal Resources 

Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 

Environmental Management 

Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 

Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 



94 DOA 0803 Nesnow 



94 DOA 0738 Nesnow 



94 ABC 0787 Gray 

94 ABC 1168 Becton 

94 ABC 1694 Mann 

94 ABC 1803 Mann 



94 EHR 1676 

95 EHR 0016 



Nesnow 
Phipps 



95 EHR 0140 Phipps 



94 EHR 1037 Chess 



92 EHR 002 !•' Gray 



92 EHR 0053* 1 Gray 



03/06/95 



04/11/95 



03/17/95 
03/07/95 
03/29/95 
04/07/95 



03/09/95 
03/17/95 



03/22/95 



03/13/95 



04/03/95 



04/03/95 



10:3 NCR 221 



94 CPS 0237 


Morrison 


03/21/95 


10:2 NCR 


176 


94 CPS 1180 


Becton 


03/07/95 






94 CPS 1731 


Nesnow 


03/09/95 






94 CPS 1782 


Gray 


03/09/95 






95 CPS 0012 


West 


03/22/95 







I 



10:2 NCR 185 



€ 



* Consolidated cases. 



214 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



A1J 



DATE OF PUBLISHED DECISION 

DECISION REGISTER CITATION 



94 EHR 0924 Gray 



Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 Nesnow 

Maternal and Child Health 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 94 EHR 1777 Chess 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 Chess 

HUMAN RESOURCES 

Helen J. Walls, D/B/A Walls Young World v. Human Resources 94 DHR 1362 Becton 



03/09/95 



03/27/95 



03/09/95 



04/03/95 



03/20/95 



Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 94 DHR 0849 Mann 

Esther Elder v. DHR, Division of Child Development 94 DHR 1771 Reilly 

Facility Services 

William H. Cooke v. DHR, Division of Facility Services 94 DHR 0565 Gray 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs, 94 DHR 1783 Gray 

Domiciliary & Group Care Section 

Bingo licensure Section 

The Regular Veterans Association of the United States and the Sixteen 95 DHR 0040 Morrison 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0198 *■ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 



Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 
Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 
Division of Facility Services, Certificate of Need Section 

and 
Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 
Wallace, Inc. 



94 DHR 0403 Chess 



03/03/95 
03/17/95 



03/16/95 
03/16/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



Division of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 



91 CSE 1103 Morrison 

92 CSE 1449 Reilly 

92 CSE 1559 Reilly 

93 CSE 1088 Chess 
93 CSE 1169 Chess 



03/03/95 
03/29/95 
03/29/95 
03/20/95 
03/08/95 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



215 



CONTESTED CASE DECISIONS 



AGENCY 



Clement McMillan v. Department of Human Resources 

James R. Gray v. Department of Human Resources 

Lacy Green, Jr. v. Department of Human Resources 

Leon McNair v. Department of Human Resources 

Edwin A. Clarke v. Department of Human Resources 

Lloyd Lane Speake v. Department of Human Resources 

Henry C. Banks v. Department of Human Resources 

Lucille B. Dutter v. Department of Human Resources 

Gary Jay Stocks v. Department of Human Resources 

Paul E. Strawcutter v. Department of Human Resources 

Cary G. Dannelly v. Department of Human Resources 

Robert G. Baker v. Department of Human Resources 

Bernard T. Wade v. Department of Human Resources 

Timothy Brian Eller v. Department of Human Resources 

Morgan Pate, Jr. v. Department of Human Resources 

Robert E. Dudley, Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFadden v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogers v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Coetello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

David House v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 1317 


Bee ton 


04/04/95 


93 CSE 1319 


Chess 


03/08/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 1556 


Chess 


03/22/95 


93 CSE 1558 


Chess 


03/13/95 


93 CSE 1652 


Chess 


03/21/95 


93 CSE 1713 


Mann 


03/13/95 


94 CSE 1033 


Ncsnow 


03/24/95 


94 CSE 1094 


Chess 


03/06/95 


94 CSE 1101 


Becton 


04/03/95 


94 CSE 1119 


Reilly 


03/29/95 


94 CSE 1127 


Mann 


03/20/95 


94 CSE 1128 


Mann 


03/31/95 


94 CSE 1131 


Reilly 


03/13/95 


94 CSE 1132 


West 


03/14/95 


94 CSE 1149 


Nesnow 


03/03/95 


94 CSE 1153 


Gray 


04/04/95 


94 CSE 1157 


Nesnow 


03/16/95 


94 CSE 1195 


Mann 


03/29/95 


94 CSE 1218 


Gray 


03/15/95 


94 CSE 1219 


Gray 


03/15/95 


94 CSE 1225 


Reilly 


04/10/95 


94 CSE 1228 


West 


03/17/95 


94 CSE 1229 


West 


03/17/95 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1274 


Becton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Becton 


03/06/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 



PUBLISHED DECISION 
REGISTER CITATION 



216 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



CONTESTED CASE DECISIONS 



AGENCY 



Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Cannosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (IV-D #1237637) v. Department of Human Resources 

Antonio Darden (IV-D #1280116) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Rally 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Rally 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 1421 


Reilly 


03/03/95 


94 CSE 1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 1429 


West 


03/31/95 


94 CSE 1430 


Nesnow 


03/24/95 


94 CSE 1431 


Nesnow 


03/24/95 


94 CSE 1432 


Nesnow 


03/24/95 


94 CSE 1433 


Nesnow 


03/24/95 


94 CSE 1435 


Becton 


03/06/95 


94 CSE 1436 


Becton 


03/06/95 


94 CSE 1439 


Chess 


03/03/95 


94 CSE 1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 1446 


Morrison 


03/21/95 


94 CSE 1447 


Reilly 


04/03/95 


94 CSE 1452 


West 


03/07/95 


94 CSE 1455 


Nesnow 


03/07/95 


94 CSE 1459 


Becton 


03/06/95 


94 CSE 1460 


Becton 


04/07/95 


94 CSE 1461 


Becton 


04/07/95 


94 CSE 1462 


Becton 


04/07/95 


94 CSE 1463 


Becton 


04/07/95 


94 CSE 1470 


Mann 


03/31/95 


94 CSE 1471 


Mann 


03/07/95 


94 CSE 1472 


Mann 


03/07/95 


94 CSE 1473 


Gray 


03/02/95 


94 CSE 1474 


Gray 


03/09/95 


94 CSE 1476 


Morrison 


03/21/95 


94 CSE 1477 


Morrison 


03/02/95 


94 CSE 1478 


Morrison 


03/02/95 


94 CSE 1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 1482 


Reilly 


04/10/95 


94 CSE 1489 


Becton 


03/07/95 


94 CSE 1491 


Becton 


03/07/95 


94 CSE 1492 


Becton 


04/07/95 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



217 



CONTESTED CASE DECISIONS 



AGENCY 



Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, HI v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. &. Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg HI v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

At ward T. Warren v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick Odcll Adams v. Department of Human Resources 

Jonathan L. Payne II v. Department of Human Resources 

Randolph J. Nunn v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Anthony Harrison v. Department of Human Resources 

Michael D. Tyrce v. Department of Human Resources 

Edward Fisher v. Department of Human Resources 

Jimmy R. Jackson v. Department of Human Resources 

Mark A. Jones v. Department of Human Resources 

Ondino Damota Freitas v. Department of Human Resources 

Tony Monzell Perry v. Department of Human Resources 

James B. Stokes Jr. v. Department of Human Resources 

Nelson Bennett v. Department of Human Resources 

Eric L. McDonald v. Department of Human Resources 

Kenny R. Bradshaw v. Department of Human Resources 

Eddie Harris Jr. v. Department of Human Resources 

Robert Larry Martin v. Department of Human Resources 

Joseph 0. Evans v. Department of Human Resources 

Donald E. Kirby v. Department of Human Resources 

Paul R. Ross v. Department of Human Resources 

Joyce Ann Wilkinson v. Department of Human Resources 



CASE 






DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1499 


Mann 


03/31/95 


94 CSE 1500 


Mann 


03/31/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 


1512 


Gray 


04/07/95 


94 CSE 


1533 


Morrison 


03/02/95 


94 CSE 


1534 


Morrison 


04/06/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


Reilly 


03/07/95 


94 CSE 


1541 


Reilly 


03/07/95 


94 CSE 


1542 


Reilly 


04/10/95 


94 CSE 


1543 


West 


03/06/95 


94 CSE 


1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Bee ton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 


1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Morrison 


04/06/95 


94 CSE 


1608 


Mann 


03/21/95 


94 CSE 


1609 


Mann 


03/13/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 1650 


Reilly 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 1653 


Becton 


04/07/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 


1702 


Becton 


04/07/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1778 


West 


03/06/95 


95 CSE 0071 


Becton 


04/04/95 



PUBLISHED DECISION 
REGISTER CITATION 



♦ 



♦ 



JUSTICE 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Private Protective Services Board 



94 DOJ 1825 



Reilly 



03/09/95 



Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 



94 DOJ 1000 


Chess 


03/03/95 


94 DOJ 1064 


Chess 


02/24/95 


94 DOJ 1635 


Reilly 


03/09/95 


94 DOJ 1823 


Reilly 


03/09/95 



I 



218 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Sheriff's Education and Training Standards Division 

Constance F. Lawrence v. Sheriff's Ed. & Training Stds. Comm. 95 DOJ 0076 Morrison 

LABOR 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Division 94 DOL 1524 West 

PUBLIC INSTRUCTION 



04/06/95 



94 EDC 0533 Gray 

95 EDC 0003 Chess 
95 EDC 0168 Phipps 



Glenn U, on behalf of Glenn A, and Glenn II, Individually v. Charlotte- 93 EDC 0549 Chess 

Mecklenburg County Schools 
William Hewett v. State Board of Education 
Deborah R. Crouse v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 



STATE PERSONNEL 

Caswell County Health Department 

Julie R. Johnson v. Caswell County Health Department 

Department of Correction 



94 OSP 0865 



Reilly 



Nancy Gilchrist v. Department of Correction 
Thomas Wayne Smathers v. Department of Correction 
Ruth Kearney v. Department of Correction 

Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 

Fayetteville State University 

George Benstead v. Fayetteville State University 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

Rebecca Johnson v. Human Resources, Special Care Center 

Cherry Hospital 
William H. Cooke v. DHR, Cherry Hospital 

Iredell County Department of Social Services 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 



95 OSP 0188 



94 OSP 1597 



94 OSP 0499 



95 OSP 0138 



93 OSP 1547 



94 OSP 0282 
94 OSP 0739 



Nesnow 



Nesnow 



Chess 



West 



Gray 



Becton 
Chess 



Lee-Harnett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 



Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 

North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 



94 OSP 0750 



95 OSP 0130 



95 OSP 0162 



Gray 



West 



West 



03/23/95 



03/16/95 

03/31/95 
04/10/95 
03/20/95 



03/15/95 



94 OSP 0121 


West 


03/09/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 1807 


Becton 


03/13/95 



03/20/95 



04/04/95 



03/24/95 



03/31/95 



03/16/95 



03/09/95 
03/01/95 



03/20/95 



03/22/95 



04/11/95 



10:2 NCR 179 



10:01 NCR 48 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



219 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Department of Transportation 

Michael E. Komcgay v. Department of Transportation 

UNC Hospitals 

David Patrick MaJone v. Univ. of NC Hospital at Chapel Hill 



93 OSP 1700 Gray 



94 OSP 0771 Becton 



03/24/95 



03/14/95 



i 



220 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF DURHAM 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 DOA 0738 



W. M. PIATT & COMPANY, 
Petitioner, 



STATE CONSTRUCTION OFFICE, NORTH 
CAROLINA DEPARTMENT OF ADMINISTRATION, 
Respondent. 



RECOMMENDED DECISION 



This matter was heard by Dolores O. Nesnow, Administrative Law Judge, Office of Administrative Hearings, on 
February 20 and 21, 1995, in Raleigh, North Carolina. 

APPEARANCES 

Petitioner was represented by Jay M. Wilkerson of Durham, North Carolina. The Respondent was represented 
by D. David Steinbock, Assistant Attorney General. 

ISSUES 

1 . Did the State of North Carolina (State) amend the terms of its contract with the Petitioner to include the 
design of an alum sludge disposal facility and thereafter breach the contract by refusing to pay Petitioner for such design? 

2. Is the Petitioner entitled to recover in quantum meruit for the design of an alum sludge disposal facility? 

STIPULATED FACTS 

1. All parties are properly before the Court, and the Court has jurisdiction over the parties and the subject 
matter of the proceeding. 

2. All parties have been correctly designated, and there is no question as to misjoinder or nonjoinder of 
parties. 

ADJUDICATED FACTS 

1. On December 15, 1985, the State of North Carolina (State) selected W. M. Piatt and Company (Piatt) 
as the designer for the renovation project known as Phase II Water Plant Improvements at John Umstead Hospital in 
Butner, North Carolina. 

2. On May 21, 1986 Piatt and the State executed a State of North Carolina Standard Form of Agreement 
Between Owner and Designer contract. 

3. This contract provided that the scope of work consisted of "Phase II Water Plant Improvements at John 
Umstead Hospital, insofar as funds available will permit." 

4. Article II of the contract provided that the State would pay the designer for additional design work 
authorized by the State if the "Owner, with the approval of the Division of State Construction requests in writing that the 
designer perform services over, above and beyond the basic services described in Article I, hereof, " 

5. At a meeting on February 27, 1986 which was memorialized by a letter dated March 4, 1986, Piatt 
indicated that he had been directed by a representative of the State to do design work for the alum sludge facility. 

6. The Business Manager of John Umstead Hospital, Gene Barrett, testified that no such direction was given 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



221 



CONTESTED CASE DECISIONS 



to Piatt at that meeting or at any other time. 

7. Grayson Gurley, who as the Physical Plant Director at Umstead during the time at issue, testified that 
he saw "blue line" plans for the whole project including the alum sludge facility but that he had never told Piatt to do a 
design for the alum sludge facility. 

8. "Design" is a term of art used in the construction industry and understood to be an advanced step in the 
process. It is a term not commonly associated with providing cost estimates. 

9. Paragraph B(2) of the Design Agreement states that "[F]or the designer's additional services as described 
in Article II hereinafter, a fee must be agreed upon with the Owner and Division of State Construction prior to beginning 
the work. The agreement must be in writing and attached as an amendment to this agreement." This was not done. 

10. In a letter to Gene Barrett, dated March 4, 1986, Piatt stated that the following items could be added: 
"... Provide facilities for disposal of alum sludge utilizing sand-drying beds constructed so as to permit removal with vac-all 
equipment, which equipment will be provided under the waste water treatment plan improvement project. The last group 
of items will require some additional study and revisions to the estimate of costs. We will make these studies and estimates 
as quickly as possible and will report them to you for your review and approval. Though some of the items mentioned 
above will decrease the cost of the project originally proposed, we believe the additional items will increase the total cost 
so that it will be necessary to supplement the original funds and modify the fee. Until further work is done, we cannot 
give an opinion as to what the funding requirements will be. " 

11. The alum sludge design was not to be included as a part of the Phase II Water Plant Improvements. 

12. There was no intent or agreement by the parties that this design would be included as a part of Phase II. 

13. The amount of money appropriated for all of Phase II was $870,000.00. 

14. A letter to Gene Barrett dated June 26, 1987, from Piatt, clearly stated that alum sludge facilities including 
pump station piping lagoons, access road, heating and electrical work would cost approximately $780,000.00. 

15. This letter establishes that Piatt knew that Phase HI, the alum sludge facility work, could not be included 
as a part of the Phase II appropriation. 

16. Although Piatt asserted that the State knew he was doing the design work on the alum sludge facility, no 
evidence, other than Mr. Piatt's testimony, was offered to prove this assertion. 

17. On February 21, 1992, Piatt submitted to Lehman Brinkley, the Business Manager at John Umstead 
Hospital at that time, Piatt's statement for services rendered on the Phase III design work, which amount was $53,576.64. 

18. This was the first time this bill was submitted to the State for this design work. 

19. The State did not voluntarily and knowingly accept Piatt's work nor did the State receive any benefit from 
this work. 

CONCLUSIONS OF LAW 

1. The State and Piatt are bound by the terms of the contract that they signed. 

2. Piatt did not comply with the contract requirement that a fee be agreed on with the owner and the Division 
of State Construction prior to beginning the work. 

3. The "agreement" was not in writing and attached as an amendment to the agreement as required by the 
contract. 

4. There was no parol agreement between the parties and the written contract therefore, was not amended 
in such manner. 

5. The State did not breach its design contract with Piatt. 

222 NORTH CAROLINA REGISTER May 1, 1995 10:3 



CONTESTED CASE DECISIONS 



6. The State did not accept the design work done by Piatt on the alum sludge facility in that no one at 
Umstead used that design work and no one, with the exception of Grayson Gurley, saw the design. 

7. The State is not liable to Piatt in quantum meruit under this contract because it did not accept or use the 
design created by Piatt. 

8. The State did not exceed its authority or jurisdiction, act erroneously, fail to use proper procedure, act 
arbitrarily or capriciously or fail to act as required by law or rule in performing this contract with Piatt. 

RECOMMENDED DECISION 

It is recommended that Piatt receive nothing from the State pursuant to this contract. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, North Carolina, 27611-7447, in accordance with North Carolina General Statutes 150B- 
36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. § 150B-36(a). 

The agency is required by G.S. § 150B-36(b) to serve a copy of the final decision on all parties and to furnish 
a copy to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested is the North Carolina Department of Administration. 

This the 11th day of April, 1995. 



Dolores O. Nesnow 
Administrative Law Judge 



10:3 NORTH CAROLINA REGISTER May 1, 1995 223 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 




Crime Control & Public Safety 


Geologists 


21 


14A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


15A 


Public Education 


Landscape Contractors 


28 




Revenue 


Marital and Family Therapy 


31 


16 


Secretary of State 


Medical Examiners 


32 


17 


Transportation 


Midwifery Joint Committee 


33 


18 


Treasurer 


Mortuary Science 


34 




Occupational Licensing Boards 


Nursing 


36 


19A 


Administrative Procedures 


Nursing Home Administrators 


37 


20 


Community Colleges 


Occupational Therapists 


38 


*21 


Independent Agencies 


Opticians 


40 


22 


State Personnel 


Optometry 


42 


23 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


24 


NC State Bar 


Pharmacy 


46 


25 




Physical Therapy Examiners 


48 


26 




Plumbing, Heating & Fire Sprinkler Contractors 


50 


27 




Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



224 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



CUMULATIVE INDEX 



Agency/Rule Citation 




Proposed 










Effective 
Date 


Other Information 


Register 


Effective 




Local 


Date 


State 







ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 


10:02 NCR 


150 


07/01/95 








.0401 - .0402 


10:02 NCR 


150 


07/01/95 






COMMUNITY COLLEGES 












23 NCAC 02C 


.0108 


10:03 NCR 


208 


09/01/95 








.0211 


10:03 NCR 


208 


09/01/95 








.0306 


10:03 NCR 


208 


09/01/95 






CORRECTION 














5 NCAC 05 


.0001 


10:01 NCR 


12 


07/01/95 






CULTURAL RESOURCES 












7 NCAC 02F 


.0002 


10:01 NCR 


12 


07/01/95 






ENVIRONMENT 


HEALTH, AND NATURAL RESOURCES 






15A NCAC 02B 


.0101 
.0104 
.0202 
.0211 
.0301 


10:01 NCR 
10:01 NCR 
10:01 NCR 
10:01 NCR 
10:01 NCR 


13 
13 
13 
13 
13 








02D 


.0520 


10:01 NCR 


13 


07/01/95 


X 


X 




.0531 


10:01 NCR 


13 


07/01/95 


X 


X 




.0902 


10:01 NCR 


13 


07/01/95 


X 


X 




.0909 


10:01 NCR 


13 


07/01/95 


X 


X 




.0952 


10:01 NCR 


13 


07/01/95 


X 


X 




.1402 


10:01 NCR 


13 


07/01/95 


X 


X 




.1406 


10:01 NCR 


13 


07/01/95 


X 


X 




.1409 


10:01 NCR 


13 


07/01/95 


X 


X 




.1701 - .1702 


10:01 NCR 


13 


07/01/95 


X 


X 




.1801 - .1803 


10:01 NCR 


13 


07/01/95 


X 


X 


NPDES Permit 




10:02 NCR 


56 








04B 


.0028 


10:02 NCR 


149 


07/01/95 






07H 


.0208 


10:03 NCR 


197 


12/01/95 








.2201 - .2202 


10:03 NCR 


204 


12/01/95 








.2203 


10:03 NCR 


204 


12/01/95 


X 






.2204 - .2205 


10:03 NCR 


204 


12/01/95 






10B 


.0202 - .0203 


10.01 NCR 


26 


07/01/95 








.0214 


10:01 NCR 


26 


07/01/95 






10D 


.0002 - .0003 


10:01 NCR 


26 


07/01/95 






10F 


.0317 


10:01 NCR 


26 


07/01/95 






Wildlife Proclamation/Striped Bass 


10:02 NCR 


57 


04/10/95 










10:03 NCR 


195 


04/15/95 






FINAL DECISION LETTERS 












Voting Rights Act 




10:01 NCR 
10:03 NCR 


02 
194 








GOVERNOR'S EXECUTIVE ORDERS 










Number 72 




10:01 NCR 


01 








Number 73 




10:02 NCR 


54 








Number 74 




10:02 NCR 


54 








Number 75 




10:03 NCR 


191 








Number 76 




10:03 NCR 


191 








HUMAN RESOURCES 












10 NCAC 03H 


.0108 - .0109 


10:02 NCR 


58 


09/01/95 








.0206 - .0220 


10:02 NCR 


58 


09/01/95 








.0306- .0318 


10:02 NCR 


58 


09/01/95 








.0407 - .0409 


10:02 NCR 


58 


09/01/95 








.0505 - .0507 


10:02 NCR 


58 


09/01/95 







Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 



10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



225 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605 - 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810- 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105- 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10:02 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




.1204- 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306 - 


.1308 


10:02 NCR 


58 


09/01/95 




.1405 - 


.1406 


10:02 NCR 


58 


09/01/95 




.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612- 


.1613 


10:02 NCR 


58 


09/01/95 




.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 




.1804 - 


.1807 


10:02 NCR 


58 


09/01/95 




.2001 




10:02 NCR 


58 


09/01/95 




.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 




.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 




.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 




.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 




.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 




.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 




.2701 




10:02 NCR 


58 


09/01/95 




.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 




.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 




.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 




.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 




.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 




.3101 - 


.3104 


10:02 NCR 


58 


09/01/95 




.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 




.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 




.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


18J 


.0803 




10:02 NCR 


118 


07/01/95 


26B 


.0124 




10:02 NCR 


118 


07/01/95 


26H 


.0213 




10:02 NCR 


118 


07/01/95 


41F 


.0706 




10:03 NCR 


196 


08/01/95 




.0812 




10:03 NCR 


19b 


08/01/95 


JUSTICE 












12 NCAC 09A 


.0204 




10:02 NCR 


122 


08/01/95 


09B 


.0113 




10:02 NCR 


122 


08/01/95 




.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 




.0205 - 


.0206 


10:02 NCR 


122 


08/01/95 




.0210 




10:02 NCR 


122 


08/01/95 




.0212- 


.0214 


10:02 NCR 


122 


08/01/95 




.0226 - 


.0228 


10:02 NCR 


122 


08/01/95 




.0232 - 


.0233 


10:02 NCR 


122 


08/01/95 


09C 


.0401 




10:02 NCR 


122 


08/01/95 




.0601 




10:02 NCR 


122 


08/01/95 


09D 


.0102 




10:02 NCR 


122 


08/01/95 




.0104- 


.0106 


10:02 NCR 


122 


08/01/95 


LABOR 












13 NCAC 






10:01 NCR 


10 


01/01/96 








10:01 NCR 


12 


01/01/96 








10:02 NCR 


149 


10/01/95 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


02/01/96 








10:03 NCR 


196 


01/01/96 



Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



226 



NORTH CAROLINA REGISTER 



May 1, 1995 



10:3 



CUMULATIVE INDEX 



Agency /Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 







10:03 NCR 


197 


01/01/96 


12 


.0101 


10:02 NCR 


142 


08/01/95 




.0303 - .0315 


10:02 NCR 


142 


08/01/95 




.0501 - .0502 


10:02 NCR 


142 


08/01/95 




.0803 - .0808 


10:02 NCR 


142 


08/01/95 


LIST OF RULES CODIFIED 












10:02 NCR 


167 




MEDICAL EXAMINERS 








21 NCAC 32H 


.0102 


10:02 NCR 


151 


07/01/96 




.0201 


10:02 NCR 


151 


07/01/96 




.0203 


10:02 NCR 


151 


07/01/96 




.0408 


10:02 NCR 


151 


07/01/96 




.0506 


10:02 NCR 


151 


07/01/96 




.0601 


10:02 NCR 


151 


07/01/95 




.0602 


10:02 NCR 


151 


07/01/96 




.0801 


10:02 NCR 


151 


07/01/96 




.1001 


10:02 NCR 


151 


07/01/96 


321 


.0003 - .0004 


10:02 NCR 


151 


07/01/95 


NURSING HOME ADMINISTRATORS 






21 NCAC 37 


.0302 


10:03 NCR 


206 


08/01/95 




.0404 


10:03 NCR 


206 


08/01/95 




.0502 


10:03 NCR 


206 


08/01/95 




.0603 


10:03 NCR 


206 


08/01/95 




.0912 


10:03 NCR 


206 


08/01/95 




.0914 


10:03 NCR 


206 


08/01/95 



Notice on Subject Matter 



Rules Filed 03/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 



PROFESSIONAL COUNSELORS 








21 NCAC 


53 


.0204- .0211 


10:01 NCR 


40 


07/01/95 






.0301 


10:01 NCR 


40 


07/01/95 






.0305 - .0310 


10:01 NCR 


40 


07/01/95 






.0403 - .0405 


10:01 NCR 


40 


07/01/95 






.0601 - .0604 


10:01 NCR 


40 


07/01/95 


REAL ESTATE COMMISSION 








21 NCAC 


58A 


.0110 


10:02 NCR 


157 


07/01/95 






.0504 - .0506 


10:02 NCR 


157 


07/01/95 






.1703 


10:02 NCR 


157 


07/01/95 






.1707- .1708 


10:02 NCR 


157 


07/01/95 






.1710- .1711 


10:02 NCR 


157 


07/01/95 




58E 


.0103 


10:02 NCR 


157 


07/01/95 






.0203 - .0204 


10:02 NCR 


157 


07/01/95 






.0303 - .0305 


10:02 NCR 


157 


07/01/95 






.0406 - .0407 


10:02 NCR 


157 


07/01/95 






.0506 


10:02 NCR 


157 


07/01/95 






.0515 


10:02 NCR 


157 


07/01/95 


REVENUE 












Tax Review 


Joard 




10:01 NCR 


03 





10:3 



NORTH CAROLINA REGISTER 



May 1, 1995 



227 



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